The Hawaii Supreme Court dismissed an application for writ of certiorari in the case of Mola v. Lopez-Ruiz, affecting the appeal rights of the parties involved. The decision came on July 28, 2026, and highlights the procedural requirements for filing appeals in the state. This ruling is significant as it clarifies the timeline for when parties can seek higher court review.
In this case, Vincenzo Mola is the respondent and plaintiff, while Indira Lopez-Ruiz is the petitioner and defendant. The dispute between the two parties has not been detailed in the court filing, but it is clear that Lopez-Ruiz sought to appeal a decision made by the Intermediate Court of Appeals. The dismissal of the application means that Lopez-Ruiz will need to wait until the Intermediate Court of Appeals files its judgment before she can re-file her request for certiorari.
The case reached the Hawaii Supreme Court after Lopez-Ruiz filed her application for writ of certiorari on July 24, 2026. However, the court noted that the necessary judgment from the Intermediate Court of Appeals had not yet been filed at that time. According to Hawaii Revised Statutes § 602-59(a) and the Hawaii Rules of Appellate Procedure (HRAP) Rule 36(b)(1), a writ of certiorari cannot be filed until the lower court's judgment is available.
The court ruled, "It is ordered that Petitioner’s application for writ of certiorari...is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a)." The ruling was made by Chief Justice Vladimir P. Devens and Associate Justices Sabrina S. McKenna, Todd W. Eddins, Lisa M. Ginoza, and Circuit Judge Kauanoe A.D. Jackson, who was assigned to the case due to a vacancy.
This ruling impacts Lopez-Ruiz directly, as she must now wait for the Intermediate Court of Appeals to file its judgment before she can pursue her appeal further. The dismissal without prejudice allows her the opportunity to re-file her application once the necessary judgment is in place. This decision reinforces the importance of adhering to procedural rules in the appellate process.
The implications of this ruling extend beyond just the parties involved. It serves as a reminder to litigants in Hawaii about the importance of following specific timelines and procedures when seeking appellate review. Failure to comply with these requirements can result in the dismissal of applications, as seen in this case.
As for what’s next, Lopez-Ruiz can re-file her application for writ of certiorari once the Intermediate Court of Appeals issues its judgment. There is no indication in the court filing that there are any related cases pending or that this ruling will be appealed further at this time. The court filing did not provide additional details about the original dispute between Mola and Lopez-Ruiz.