ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant Barabbas Dietrich's application for writ of certiorari filed on August 9, 2013, is hereby rejected.
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI AND REQUESTING FURTHER BRIEFING The application for a writ of certiorari, filed on June 12, 2013, is hereby accepted. IT IS FURTHER ORDERED that each party shall file a supplemental brief addressing the exception to the final judgment requirement announced in Forgay v. Conrad, 47 U.S. 201 (1848) in relation to an order confirming a partition sale. Each party's supplemental brief shall not exceed 10 pages in length and shall be filed...
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI Upon review of the record, it appears that: (1) prior to the issuance of the judgment on appeal, Plaintiffs/Appellees/Petitioners-Appellants Tommy Wai Hung Ma and Sindy Yee Ma (Petitioners) filed an Application for Writ of Certiorari to the Hawai`i Supreme Court or Alternatively for Transfer (Hawai`i Rules of Appellate Procedure (HRAP) Rule 40.1, 40.2) challenging the denial of attorneys' fees; (2) after the issuance of the judgment on appeal,...
AMENDED OPINION OF THE COURT BY ACOBA, J. We hold that Petitioners/Defendants-Appellants Sharon Kehaulani Wise (Wise) and Blossom Ilima Nihipali (Nihipali) (collectively Petitioners), mortgagors under the mortgage herein, are precluded from raising the standing of Respondent/Plaintiff-Appellee Mortgage Electronic Registration Systems, Inc. (MERS, or Respondent) to bring the foreclosure action herein inasmuch as (1) a standing objection is not "unique" to a confirmation of sale proceeding, see...
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant Daniel S. Nakano's application for writ of certiorari filed on May 28, 2013, is hereby accepted. IT IS FURTHER ORDERED that no oral argument will be heard in this case. Any party may, within ten days and pursuant to Rule 34(c) of the Hawai`i Rules of Appellate Procedure, move for retention of oral argument.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Plaintiff-Appellant's application for writ of certiorari filed on May 17, 2013, is hereby rejected.
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI Petitioners/Defendants-Appellees Department of Land and Natural Resources, et al.'s application for writ of certiorari filed on May 16, 2013, is hereby accepted. IT IS FURTHER ORDERED, that no oral argument will be heard in this case. Any party may, within ten days and pursuant to Rule 34(c) of the Hawai`i Rules of Appellate Procedure, move for retention of oral argument.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioners/Defendants-Appellants application for writ of certiorari filed on May 7, 2013, is hereby rejected.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Third-Party-Defendant-Appellant's application for writ of certiorari filed on April 17, 2013, is hereby rejected.
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI The Application for Writ of Certiorari filed on April 22, 2013 by Petitioner/Plaintiff-Appellant/Cross-Appellee Pacific Lightnet, Inc. is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant Robert F. Albert's application for writ of certiorari filed on April 8, 2013, is hereby rejected.
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI The Application for Writ of Certiorari filed on March 4, 2013 by Petitioners/Defendants-Appellants Sharon Kehaulani Wise and Blossom Ilima Nihipali is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioners/Defendants-Appellants' application for writ of certiorari filed on February 25, 2013, is hereby rejected.
ORDER AFFIRMING JUDGMENT ON APPEAL On November 7, 2012, Petitioner/Defendant-Appellant Tylor Tran timely filed an application for a writ of certiorari from the Intermediate Court of Appeals' ("ICA"), November 7, 2012 judgment, entered pursuant to its September 25, 2012 summary disposition order ("SDO"). The ICA's SDO vacated the District Court of the First Circuit's (district court) judgment and remanded the case to the district court with instructions to dismiss the complaint without...
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellee Abel Simeona Lui's application for writ of certiorari filed on February 11, 2013, is hereby rejected.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant's application for writ of certiorari filed on January 15, 2013, is hereby rejected.
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant Maryann Acker's application for writ of certiorari filed on January 7, 2013, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.
ORDER GRANTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant Luis Gomez-Lobato's application for writ of certiorari filed on December 21, 2012, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling. CONCURRING OPINION BY ACOBA, J. I would hold that the waiver of the right to jury trial in this case was invalid, because under the circumstances, the Family Court of the Third Circuit (the court)...
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI The Application for Writ of Certiorari filed on December 17, 2012 by Petitioner/Defendant-Appellant Unidev, LLC and Petitoners/Defendants-Appellees Unidev, LLC, and Unidev Hawaii, LLC is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI Petitioner/Defendant-Appellant Daria Bruce's application for writ of certiorari, filed December 28, 2012, is hereby rejected.
