Background
This matter arises from a family court dispute (Case No. 3FDV-22-0000791) in which Annette Bloch was the plaintiff-appellee and David Michael Bloch the defendant-appellant. After the Intermediate Court of Appeals resolved the appeal (CAAP-24-0000459), David Michael Bloch sought certiorari review before the Supreme Court of Hawaiʻi.
Following the Supreme Court’s disposition of the certiorari petition, David Michael Bloch filed a motion requesting reconsideration on June 5, 2026, seeking to have the court revisit its ruling.
The Court’s Holding
The Supreme Court of Hawaiʻi, per a five-justice panel comprising Chief Justice Devens, Justices McKenna, Eddins, and Ginoza, and Circuit Judge Char sitting by assignment, dismissed David Michael Bloch’s reconsideration motion on June 12, 2026.
The court cited Hawaiʻi Rules of Appellate Procedure Rule 40.1(h) (effective 2026) as the basis for dismissal, indicating the motion was procedurally improper or otherwise not cognizable under that rule.
Key Takeaways
- A reconsideration motion filed after certiorari proceedings may be dismissed outright under HRAP Rule 40.1(h) if it does not comply with applicable procedural requirements.
- The court applied the 2026 version of HRAP Rule 40.1(h), signaling that practitioners must be attentive to recent rule amendments governing post-decision motions at the certiorari stage.
- The order is signed by all five members of the panel, reflecting a unanimous disposition.
Why It Matters
This brief order serves as a reminder that appellate procedure in Hawaiʻi imposes strict limits on reconsideration motions at the certiorari level. The explicit invocation of the 2026 amendment to HRAP Rule 40.1(h) signals that the court is enforcing its updated rules and that litigants who file post-certiorari reconsideration motions without a proper procedural basis risk summary dismissal rather than merits review.