Changeflow GovPing Courts & Legal U.S. Bank National Association v. Chun - Certio...
Routine Enforcement Amended Final

U.S. Bank National Association v. Chun - Certiorari Dismissed

Favicon for www.courts.state.hi.us Hawaii Supreme Court
Filed
Detected
Email

Summary

The Hawaii Supreme Court dismissed without prejudice a certiorari application filed by Petitioner Phyllis Chun in a mortgage foreclosure case involving U.S. Bank National Association and Arrow Financial Services LLC. The dismissal was granted because the Intermediate Court of Appeals had not yet filed its judgment on appeal at the time the certiorari application was filed, in violation of Hawai'i Revised Statutes § 602-59(a).

Published by HI Supreme Court on courts.state.hi.us . Detected, standardized, and enriched by GovPing. Review our methodology and editorial standards .

What changed

The Hawaii Supreme Court dismissed the certiorari application filed by Petitioner Phyllis Chun in this mortgage foreclosure case. The dismissal was procedural in nature — the court held that the application was premature because the Intermediate Court of Appeals had not yet filed its judgment on appeal as required by Hawai'i Revised Statutes § 602-59(a) and HRAP Rule 36(b)(1). The petition was dismissed without prejudice, preserving Petitioner's right to refile.

For parties in similar appellate proceedings, this order underscores that certiorari applications must be filed within the statutory timeframes measured from actual IAC judgment filings, not anticipated filings. Petitioner Chun may refile pursuant to HRAP Rule 40.1(a), which requires filing within thirty days after the intermediate court's judgment is entered. Respondents U.S. Bank and Arrow Financial Services should monitor the docket for any refiled application.

What to do next

  1. Monitor for updates on the Intermediate Court of Appeals judgment
  2. Refile certiorari application within 30 days of IAC judgment if desired

Archived snapshot

Apr 15, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Electronically Filed Supreme Court SCWC-23-0000573 14-APR-2026 01:41 PM Dkt. 6 ODSAC SCWC-23-0000573 IN THE SUPREME COURT OF THE STATE OF HAWAIʻI U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS CITIGROUP MORTGAGE LOAN TRUST INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2007-AHL3, Respondent/Plaintiff/Counterclaim Defendant-Appellee, vs. PHYLLIS KEHAULANI DUNCAN CHUN, Petitioner/Defendant/Counterclaimant/Appellant, and ARROW FINANCIAL SERVICES, LCC, Respondent/Defendant-Appellee. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-23-0000573; CASE. NO. 1CC141002192) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Tomasa, assigned by reason of vacancy) It appearing that the judgment on appeal in the above- referenced matter not having been filed by the Intermediate Court of Appeals at the time the application for writ of certiorari was filed, see Hawaiʻi Revised Statutes § 602-59(a) (2017); see also Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2016),

It is ordered that Petitioner's application for writ of certiorari, filed April 13, 2026, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2023) ("The application shall be filed within thirty days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order, unless the time for filing the application is extended in accordance with this rule."). DATED: Honolulu, Hawaiʻi, April 14, 2026. /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Lisa M. Ginoza /s/ Vladimir P. Devens /s/ Taryn R. Tomasa

Named provisions

HRAP Rule 36(b)(1) HRAP Rule 40.1(a) HRS § 602-59(a)

Get daily alerts for Hawaii Supreme Court

Daily digest delivered to your inbox.

Free. Unsubscribe anytime.

About this page

What is GovPing?

Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission

What's from the agency?

Source document text, dates, docket IDs, and authority are extracted directly from HI Supreme Court.

What's AI-generated?

The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.

Last updated

Classification

Agency
HI Supreme Court
Filed
April 14th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
SCWC-23-0000573
Docket
SCWC-23-0000573 CAAP-23-0000573 1CC141002192

Who this affects

Applies to
Consumers Financial advisers
Industry sector
5221 Commercial Banking
Activity scope
Appellate procedure Civil litigation
Geographic scope
US-HI US-HI

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Banking Consumer Finance

Get alerts for this source

We'll email you when Hawaii Supreme Court publishes new changes.

Free. Unsubscribe anytime.

You're subscribed!