Electronically Filed 

Supreme Court 

SCWC-13-0000117 

14-MAR-2014 

02:56 PM 

SCWC-13-0000117
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I 

MICHAEL DOYLE RUGGLES, REV. NANCY WAITE HARRIS,


KENNETH V. MIYAMOTO-SLAUGHTER, WENDY TATUM,


DAVID TATUM, and ROBERT S. MURRAY,


Petitioners/Plaintiffs-Appellants,
 

and
 

GEORGE HERMAN KLARE, BARBARA JEAN LANG,


Respondents/Plaintiffs-Appellees,
 

vs.
 

DOMINIC YAGONG, DONALD IKEDA, J. YOSHIMOTO, DENNIS ONISHI,

FRED BLAS, BRITTANY SMART, BRENDA FORD, ANGEL PILAGO,

and PETE HOFFMAN, current Hawai'i County Council members;

JAY KIMURA, Hawai'i County Prosecutor; MITCHELL ROTH and

CHARLENE IBOSHI, Deputy Prosecuting Attorneys;

BILLY KENOI, Hawai'i County Chief of Police,

KELLY GREENWELL, GUY ENRIQUES, and EMILY NAEOLE,

previous Hawai'i County Council members,

Respondents/Defendants-Appellees. 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(CAAP-13-0000117; CIV. NO. 11-1-117)
 

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
 

(By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ.


and Circuit Judge Crandall, assigned by reason of vacancy)
 

It appearing that the judgment on appeal in the abovereferenced matter not having been filed by the Intermediate Court 

of Appeals at the time Petitioners’ “notice of appeal” was filed, 

see Hawai'i Revised Statutes § 602-59(a)-(b) (Supp. 2013); see 
also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) 

(2013), 


IT IS HEREBY ORDERED that Petitioners’ “notice of
 

appeal” that was refiled in SCWC-13-0000117, on March 6, 2014, is
 

dismissed without prejudice to re-filing the application pursuant
 

to HRAP Rule 40.1(a) (2013) (“The application shall be filed
 

within thirty days after the filing of the intermediate court of
 

appeals’ judgment on appeal or dismissal order, unless the time
 

for filing the application is extended in accordance with this
 

rule.”).1
 

DATED: Honolulu, Hawai'i, March 14, 2014. 

Michael D. Ruggles,

Rev. Nancy Waite Harris,


Kenneth V. Miyamoto-Slaughter,

Wendy Tatum, David Tatum,


and Robert S. Murray,

petitioners pro se
 

/s/ Mark E. Recktenwald


/s/ Paula A. Nakayama


/s/ Sabrina S. McKenna


/s/ Richard W. Pollack
 

/s/ Virginia L. Crandall
 

1
 HRAP Rule 40.1(a) (2013) further provides: 


(2) REQUEST EXTENDING TIME; TIME TO FILE. A party may


extend the time to file an application for a writ of


certiorari by filing a written request for an extension. 


The request for extension shall be filed no later than 30


days after entry of the intermediate court of appeals’


judgment on appeal or dismissal order.
 

(3) TIMELY REQUEST; AUTOMATIC EXTENSION; NOTICE. Upon


receipt of a timely written request, the appellate clerk


shall extend the time for filing the application to the


sixtieth day after entry of the intermediate court of


appeals’ judgment or dismissal order. The appellate clerk


shall note on the record that the extension was granted. The


clerk shall give notice the request is timely and granted.
 

(4) NO EXTENSION IF UNTIMELY. An untimely request shall not


extend the time. The clerk shall give notice the request is


untimely and denied.
 

2