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Court's discretion whether to accept an appeal from the ICA.
4) Under our appellate rules a party has to file a writ of certiorari to the Hawai`i
Supreme Court within 90 days of the ICA decision. The Supreme Court is required to
rule on the writ within 45 days of filing.
It is our understanding that the majority of writs are denied by the Supreme Court. In
the unlikely event the Supreme Court accepts the appeal of this case no additional
briefing is generally allowed. Nonetheless, a decision from the Supreme Court may
take several years.
Please contact me if you have any additional questions. Thanks.
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>>> "Day, Bruce W." 06/15/2010 11:52 AM >>>
David
Thanks for the notice. For purposes of advising the IPHC Executive Committee as to
the status of this matter, can you advise: (1) the anticipated timing of the Intermediate
Court of Appeals ruling; (2) in your opinion, the probability of the Intermediate Court
of Appeals affirming the lower court’s ruling; (3) if affirmed, can the case be
immediately appealed?; and (4) if so, how long might the latter appeal be pending?
We understand that any opinion you might express with regard to the foregoing, is
simply an opinion. Your assistance and response is appreciated.
Bruce
Bruce W. Day
Day, Edwards, Propester & Christensen, P.C.
Suite 2900, Oklahoma Tower
210 Park Avenue
Oklahoma City, OK 73102-5606
E-mail: bruceday@dayedwards.com
Telephone: (405) 239-2121
COB Meeting July 19-20, 2010