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AOAO QUEEN EMMA GARDENS v. TOMMY WAI HUNG MA, SCWC-30694. (2013)

Court: Supreme Court of Hawaii Number: inhaco20130715235
Filed: Jul. 12, 2013
Latest Update: Jul. 12, 2013
Summary: 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,
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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, Petitioners requested, and the appellate clerk entered, a thirty-day extension of time to file an application for a writ of certiorari; (3) Petitioners should raise all issues related to this case, including the denial of attorneys' fees, in a single application for writ of certiorari; and (4) the application for transfer is untimely. Therefore,

IT IS HEREBY ORDERED that the Application for Writ of Certiorari to the Hawai`i Supreme Court or Alternatively for Transfer (HRAP Rule 40.1, 40.2) is dismissed. This dismissal is without prejudice to Petitioners filing, within the time provided by the June 17, 2013 clerk's extension, an application for a writ of certiorari, which may include the points presented in the dismissed application.

Source:  Leagle

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