Mola v. Lopez-Ruiz — Hawaii Supreme Court dismissed a premature certiorari application without prejudice

Case
Vincenzo Mola v. Indira Lopez-Ruiz
Court
Supreme Court of the State of Hawaiʻi
Judge
Vladimir P. Devens (Josh Green, 2023); Sabrina S. McKenna (Neil Abercrombie, 2011)
Date Decided
July 28, 2026
Docket No.
SCWC-24-0000802
Topics
Appellate Procedure; Certiorari; Premature Filing
Source
Read the full opinion

Background

Indira Lopez-Ruiz sought review by the Supreme Court of Hawaiʻi in litigation against Vincenzo Mola. She filed an application for a writ of certiorari on July 24, 2026, seeking review of proceedings in the Intermediate Court of Appeals.

At the time of the filing, however, the Intermediate Court of Appeals had not yet filed its judgment on appeal. Hawaiʻi Revised Statutes § 602-59(a) and Hawaiʻi Rules of Appellate Procedure Rule 36(b)(1) governed the procedural posture identified by the court.

The Court’s Holding

The Supreme Court dismissed Lopez-Ruiz’s certiorari application because it was filed before the Intermediate Court of Appeals entered its judgment on appeal. Under HRAP Rule 40.1(a), an application for certiorari must be filed within 30 days after the Intermediate Court of Appeals files its judgment on appeal or dismissal order, subject to any permitted extension.

The dismissal was without prejudice. Lopez-Ruiz therefore may refile an application in accordance with HRAP Rule 40.1(a) after the Intermediate Court of Appeals files the relevant judgment or dismissal order.

Key Takeaways

  • A certiorari application filed before the Intermediate Court of Appeals enters its judgment on appeal is premature.
  • The applicable 30-day filing period begins after the Intermediate Court of Appeals files its judgment on appeal or dismissal order.
  • Because the dismissal was without prejudice, the petitioner may submit a new, timely application under HRAP Rule 40.1(a).

Why It Matters

The order underscores that Hawaiʻi appellate practitioners must wait for the Intermediate Court of Appeals’ judgment on appeal or dismissal order before seeking certiorari review. Filing before that event does not secure review and instead results in dismissal, although a without-prejudice dismissal preserves the opportunity to refile within the proper period.

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