Summary
The Supreme Court of the State of Hawaiʻi dismissed Petitioners’ motion seeking clarification or, alternatively, recall of the order denying certiorari. The court construed the filing as a motion for reconsideration and held that such a motion is barred by Hawaiʻi Rules of Appellate Procedure Rule 40.1(h); it also denied Respondent’s request for attorney fees and costs.
Topics
Practice areas
Questions Presented
- Whether a motion seeking clarification or recall of the Supreme Court's rejection of an application for a writ of certiorari may be treated as a motion for reconsideration and considered by the court.
- Whether Respondent was entitled to attorney fees and costs.
Holdings
- A rejection of an application for a writ of certiorari is not subject to a motion for reconsideration in the Hawaiʻi Supreme Court and is final; the court therefore dismissed Petitioners' motion.
- Respondent's request for attorney fees and costs was denied.
Key quotations
“Neither acceptance nor rejection of an application for a writ of certiorari shall be subject to a motion for reconsideration in the supreme court. The rejection of an application for certiorari shall be final.” (2)
Factual background
The opinion concerns a post-disposition motion filed after the Hawaiʻi Supreme Court rejected an application for a writ of certiorari. The motion was styled as one for clarification or, alternatively, recall of the rejection order. The record also included Respondent's opposition and a request for attorney fees and costs.
Procedural history
The matter was before the Hawaiʻi Supreme Court on certiorari to the Intermediate Court of Appeals. The Supreme Court had rejected the application for a writ of certiorari on April 20, 2026. Petitioners then filed a motion seeking clarification or recall of that order, which the court dismissed; the court also denied Respondent's request for attorney fees and costs.