NO. 28840
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
KONA VILLAGE REALTY, INC., et al., Respondents-Appellees,
vs.
SUNSTONE REALTY PARTNERS XIV, LLC,
et al.,
Petitioners-Appellants.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO.
05-1-88K)
ORDER DISMISSING APPLICATION FOR
WRIT OF CERTIORARI
WITHOUT
PREJUDICE
(By: Nakayama, J., for the court
(1))
It appearing that the judgment on appeal in the above-referenced matter
has not been entered by the Intermediate Court of
Appeals, see Hawai‘i Revised Statutes § 602-59(a), as amended
by Act 149 of the 2006 Hawai‘i Session Laws; see also Hawai‘i Rules of
Appellate Procedure (HRAP) Rule 36(b)(1) (2006),
IT IS HEREBY
ORDERED that petitioner-appellant's application for writ of certiorari,
filed on September 24, 2009, is
dismissed without prejudice to re-filing the application pursuant to
HRAP Rule 40.1(a) ("No later than 90 days after the
filing of the intermediate court of appeals' judgment on appeal or
dismissal order, any party may apply in writing to the
supreme court for a writ of certiorari.").
DATED: Honolulu,
Hawai‘i, September 25, 2009.
1. Court: Moon, C.J., Nakayama,
Acoba, and Duffy, JJ., and Circuit Judge Crandall, in place of
Recktenwald, J., recused.