NO. 24392
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
STATE
OF HAWAI‘I, by its Office of Consumer Protection,
Respondent/Plaintiff-Appellee,
vs.
METRO
CLUB, INC., a foreign corporation, and DAVID A. KERSH,
individually and
as an officer of METRO CLUB,
INC.,
Defendants-Appellants,
and
METRO
CLUB, INC., a Michigan corporation, Defendant and
Third-Party
Plaintiff-Appellant; and DAVID A. KERSH,
Petitioner/Defendant
and Third-Party Plaintiff-Appellant,
vs.
INTERNATIONAL
KITCHENS, a Hawai‘i corporation,
WYMT,
INC., dba FOGCUTTER RESTAURANT, a Hawai‘i corporation,
TRATTORIA,
C&W CORPORATION, dba
KING TSIN, a Hawai‘i
corporation,
CHURCH'S FRIED CHICKEN, INC., a Texas
corporation,
GANNETT PACIFIC CORPORATION,
dba HONOLULU STAR-BULLETIN, a foreign corporation,
BETTER
BUSINESS BUREAU OF HAWAI‘I, INC., a Hawai‘i corporation,
Respondents/Third-Party
Defendants-Appellees.
CERTIORARI TO
THE INTERMEDIATE COURT OF APPEALS
(CIV. NO.
00-0-63668)
ORDER DISMISSING APPLICATION FOR
WRIT OF CERTIORARI
AND DENYING MOTION TO CONSOLIDATE
(By: Moon,
C.J., for the court (1))
Petitioner/defendant and third-party
plaintiff-appellant David A. Kersh's application for writ of
certiorari, filed on August
5, 2009, seeks review of the June 17, 2009 and June 30, 2009 orders of
the intermediate court of appeals. The June 17,
2009 and June 30, 2009 orders are post-judgment on appeal orders that
are not reviewable by application for writ of
certiorari. See HRS § 602-59(b)
(Supp. 2008). Therefore, petitioner's application for writ of
certiorari, filed on August 5,
2009, is dismissed. Petitioner's motion to consolidate No. 24392 with
No. 29494, filed on August 5, 2009, is denied.
DATED: Honolulu, Hawai‘i, September 3, 2009.
1. Considered by:
Moon, C.J., Nakayama, Acoba,
and Duffy, JJ. and Circuit Judge Trader, in place of Recktenwald, J.,
recused.