Fung v. Hoi

Summary

The Supreme Court of Hawaiʻi dismissed without prejudice the petitioners’ application for a writ of certiorari. The court concluded that the Intermediate Court of Appeals had not filed its judgment on appeal when the application was filed and directed that any renewed application comply with Hawaiʻi Rules of Appellate Procedure Rule 40.1(a).

Holdings

1. An application for writ of certiorari filed before the Intermediate Court of Appeals files its judgment on appeal is premature and must be dismissed without prejudice to refiling after the judgment or dismissal order is filed.

Questions Presented

1. Whether an application for writ of certiorari may be filed before the Intermediate Court of Appeals files its judgment on appeal.

Disposition

dismissed