ORDER GRANTING AND ACCEPTING APPLICATION FOR TRANSFER
Upon consideration of the application for transfer, filed June 10, 2009, by petitioner/appellant-appellee Michael P. Dupree, the papers in support and in opposition, and the record,
IT IS HEREBY ORDERED that the application for transfer is granted pursuant to HRS § 602-58(a)(1) (Supp. 2008) and accepted pursuant to HRS § 602-58(b)(1) (Supp. 2008). This case is transferred to the supreme court effective the date of this order and will be scheduled for oral argument upon completion of briefing by the parties. Thereafter, the parties will be notified by the appellate clerk regarding scheduling.