NOS. 27057, 27128 and 27229



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I





MARSHALL KENNETH FLOWERS, Respondent-Appellant,

vs.

UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner-Appellee.




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO. 02-1-1679)





ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Nakayama, J., for the court (1))

Petitioner-Appellee's application for writ of certiorari filed on November 19, 2008, is hereby dismissed as untimely.

DATED: Honolulu, Hawai‘i, November 25, 2008


Terrance M. Revere and
Jacqueline E. Thurston
of Motooka Yamamoto &
Revere for petitioner-
appellee on the application



1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.