U.S. Bank National Association v. Chun - Certiorari Dismissed
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).
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
- Monitor for updates on the Intermediate Court of Appeals judgment
- Refile certiorari application within 30 days of IAC judgment if desired
Archived snapshot
Apr 15, 2026GovPing 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
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