Sandomire v. Brown

Summary

The Supreme Court of Hawai‘i dismissed without prejudice the petitioners’ application for a writ of certiorari because it was filed before the Intermediate Court of Appeals entered its Judgment on Appeal. The court stated that the application may be refiled within the period prescribed by Hawai‘i Rules of Appellate Procedure Rule 40.1(a).

Holdings

1. An application for a 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 is filed, within the period specified by Hawai‘i Rules of Appellate Procedure Rule 40.1(a).

Questions Presented

1. Whether an application for a writ of certiorari filed before the Intermediate Court of Appeals files its Judgment on Appeal is timely under Hawai‘i Rules of Appellate Procedure Rule 40.1(a).

Disposition

dismissed