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Jou v. Schmidt

Citation: Not availableDocket: SCWC-29868

Court: Hawaii Supreme Court; May 4, 2012; Hawaii; State Supreme Court

Original Court Document: View Document

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The Supreme Court of Hawai#i issued an order dismissing the application for a writ of certiorari filed by Emerson M.F. Jou, M.D., on April 30, 2012. The dismissal is based on the absence of a judgment from the Intermediate Court of Appeals in the referenced case (ICA No. 29868; Civ. No. 05-1-1053). The court cited Hawai#i Revised Statutes § 602-59(a) and Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) as the basis for this decision. The dismissal is without prejudice, allowing the petitioner to re-file the application within thirty days after the judgment or dismissal order from the Intermediate Court of Appeals is issued, subject to extensions as permitted by HRAP Rule 40.1(a). The order was signed by Acting Chief Justice Nakayama and Justices Acoba, Duffy, McKenna, and Circuit Judge Kim.