Hawaii Supreme Court

ICA Corrects March 2026 Summary Disposition Order

The Intermediate Court of Appeals of the State of Hawai'i issued an Order of Correction on April 20, 2026, amending a Summary Disposition Order entered March 18, 2026. The correction replaces a single word on page 7, last paragraph, second line to read '2023' so that the text reads '2023 Injunction Order.' The clerk is directed to notify publishing agencies of this change.

State v. Pua, 3rd Circuit Hawaii - Appeal Dismissed

The Hawaii Intermediate Court of Appeals dismissed Defendant-Appellant Drosstain Pua's appeal without prejudice, finding the court lacks appellate jurisdiction because the Notice of Appeal was not filed within the 30-day deadline required by HRAP Rule 4(b)(1) and ineffective assistance of counsel is not plain from the record. Both prior counsel Heimgartner and appointed counsel Hironaka stated that Pua did not express a desire to appeal until after the deadline had expired. The court noted Pua may seek relief by petition under Hawaii Rules of Penal Procedure Rule 40.

State v. Bunag — Consecutive Sentencing Record Requirements

The Hawaii Supreme Court reversed Alden Bunag's consecutive sentence and remanded for resentencing, holding that the trial court failed to independently articulate on-the-record reasons for the consecutive sentence at sentencing. The court committed two errors: first, the Intermediate Court of Appeals improperly relied on a written order filed four days after the defendant appealed to cure deficient courtroom reasoning; second, the trial court improperly deferred to the prosecutor's arguments rather than stating its own independent rationale. The ruling affirms that sentencing courts must state specific reasons for consecutive sentences on the record at the time of sentencing, and post-sentencing written orders cannot substitute for inadequate oral reasoning.

U.S. Bank Trust v. Barbier - Appeal Dismissal Order

The Hawaii Intermediate Court of Appeals approved a stipulation dismissing appeal No. CAAP-23-0000518 with prejudice. Plaintiff-Appellee U.S. Bank Trust, N.A. and Defendant-Appellant John James Barbier stipulated to dismissal, bearing their own attorneys' fees and costs on appeal. The Department of Taxation-State of Hawaii also appeared as a defendant-appellee.

Shimauchi v. Rei - Certiorari Application Rejected

The Hawaii Supreme Court rejected the certiorari application filed by Iris Shizu Shimauchi in the matter of Shimauchi v. Rei. The application, filed March 18, 2026, was denied without opinion. This order leaves intact the Intermediate Court of Appeals decision (CAAP-24-0000143) and the underlying circuit court judgment (1CCV-23-0001480).

Supreme Court Rejects Certiorari in Fung v. Hoi, April 20

The Hawaii Supreme Court rejected the application for writ of certiorari filed by petitioners Wei Ling Fung and Fugang Xia (aka Summer) in Fung v. Hoi. The case was previously heard by the Intermediate Court of Appeals under case number CAAP-23-0000347. The rejection of certiorari means the lower court's decision stands as the final ruling in the case, and no further discretionary review will occur.

Malagodi v. Nice, Motion for Reconsideration Denied; Ex Parte Communication Prohibited

The Intermediate Court of Appeals of the State of Hawai'i denied Defendants-Appellants Cameron E. Nice and Martha J. Jacobsen's motion for reconsideration filed April 13, 2026. The court found the Nices failed to demonstrate a point of law or fact overlooked or misapprehended in the April 7, 2026 summary disposition order. The court also instructed the Nices to cease engaging in ex parte communications with the court, referencing a prior May 13, 2025 order from the Hawai'i Supreme Court prohibiting the Nices from emailing any judge or justice.

LL Chan LP v. SDB Enterprise LLC - Commercial Lease Dispute

The Hawaii Intermediate Court of Appeals affirmed the judgment for LL Chan Limited Partnership against SDB Enterprise LLC and Beverly Chapman in a commercial lease dispute. The court upheld exclusion of SDB's Exhibit L as hearsay under Hawaii Rules of Evidence Rule 803(b)(6), finding insufficient indicia of reliability. The appeals court also rejected SDB's challenges to the trial court's findings of fact and conclusions of law regarding unpaid rent, breach of Letter of Intent, and fraud claims.

Kai v Hawaiian Riverbend Appeal Affirmed

The Hawaii Intermediate Court of Appeals affirmed the Circuit Court's confirmation of a foreclosure sale in favor of the Kai Family 1998 Trust. Defendant-Appellant Michael Miroyan challenged the sale price of $1,914,015 as grossly inadequate and below the property's tax-assessed value of $3,810,400. The court rejected his arguments, finding the Circuit Court did not abuse its equitable discretion in confirming the sale, noting the property's commercial zoning was set to revert to agricultural, affecting its value.

State v. Nyberg - DUI Conviction Affirmed on Appeal

The Intermediate Court of Appeals of the State of Hawaii affirmed the District Court's January 18, 2024 Judgment of Conviction against Defendant-Appellant Heather R. Nyberg on one count of Operating a Vehicle Under the Influence of an Intoxicant (OVUII) and one count of Driving Without a License. The court rejected Nyberg's sufficiency-of-evidence challenge, finding substantial evidence including slurred speech, failed field sobriety tests, and body-worn camera footage. The court also rejected Nyberg's argument that the District Court erred in failing to consider merger of the two counts.

Graham v. Collins - Order Denying Petition for Writ of Mandamus

The Hawaii Supreme Court denied a petition for writ of mandamus challenging the disqualification of counsel in underlying case 2DRC-24-0001244. The court found that counsel's former representation of Ridesmart Maui LLC was substantially related to the pending litigation, and the interests of former and present clients were materially adverse, warranting disqualification under HRPC Rule 1.9(a). The district court's disqualification order did not amount to a flagrant and manifest abuse of discretion under the standard established in Straub Clinic & Hospital v. Kochi.

IES Retail v. Lahaina Petroleum - Appeal Dismissed for Lack of Jurisdiction

The Hawaii Intermediate Court of Appeals dismissed Defendant-Appellant Lahaina Petroleum, LLC's appeal for lack of appellate jurisdiction. The court found no final, appealable order or judgment existed in the circuit court record, the order was not appealable under the collateral-order or Forgay doctrines, and no leave for an interlocutory appeal had been granted under HRS § 641-1(b). All pending motions and stipulations were also dismissed.

Bicalho v. Administrative Director of the Courts - Administrative License Revocation Appeal

The Intermediate Court of Appeals of Hawaiʻi affirmed the District Court's decision upholding the administrative revocation of Petitioner-Appellant Leandro Lara Bicalho's driver's license for Operating a Vehicle Under the Influence of an Intoxicant (OVUII). The ICA ruled that even assuming the Hearings Officer erred in denying Bicalho's request for a subpoena to obtain video evidence, the error was harmless because independent evidence from Officers Koike and Oallesma independently established reasonable suspicion, probable cause, and preponderance of evidence supporting the revocation.

Nottingham v. State - Appeal Affirmed

The Hawaii Intermediate Court of Appeals affirmed the Circuit Court's January 31, 2024 order denying Gregory S. Nottingham's petitions for post-conviction relief under HRPP Rule 40. The court rejected Nottingham's claims of judicial misconduct at a 2018 pre-trial hearing, finding the transcript did not support allegations of bias. Nottingham's unsupported assertion that the transcript was 'doctored' and his statute of limitations argument were also rejected as waived. All pending motions were dismissed.

Mafi v. State, Appeal from First Circuit, Affirmed

Mafi v. State, Appeal from First Circuit, Affirmed

Capital One Bank v. Gonsalves - Summary Disposition Order Affirmed

The Hawaii Intermediate Court of Appeals affirmed the District Court of the First Circuit's order extending a 2012 judgment in favor of Capital One Bank (USA), N.A. against Defendant-Appellant Celeste M. Gonsalves. The court rejected Gonsalves's argument that service was improper, finding the 2022 motion to extend was timely filed under HRS § 657-5 within ten years of the original judgment. The extension extends the judgment to 2032.

State v. Davidson - Extension Denied Appeal Affirmed

The Hawai'i Intermediate Court of Appeals affirmed the Circuit Court's denial of Matthew Carter Davidson's Motion for Extension of Time to File a Notice of Appeal. Davidson sought an extension beyond the 30-day deadline to appeal his January 29, 2024 Amended Judgment of Conviction and Probation Sentence. The court rejected Davidson's claims that his father's serious illness and his own mental health issues constituted good cause for the extension.

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

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).

Sasaki v. Fukushima - Appeal Dismissed for Lack of Appellate Jurisdiction

The Hawaii Intermediate Court of Appeals dismissed Defendant-Appellant Doreen Fukushima's appeal in Maryann Sasaki v. Doreen Fukushima (CAAP-26-0000191) for lack of appellate jurisdiction. The appellate court determined that the Circuit Court had not entered a final, appealable order or judgment as required by HRS § 641-1(a), and the order denying the motion to recuse was not independently appealable under the collateral order or Forgay doctrines.

Sakaguchi v. University of Hawai'i - Memo Opinion

The Hawaii Intermediate Court of Appeals partially affirmed and partially vacated the Circuit Court's Final Judgment for the University of Hawai'i and Denise Konan in Sakaguchi v. University of Hawai'i. The appellate court held that Sakaguchi's intentional infliction of emotional distress claim was barred by the Workers' Compensation Law's exclusive remedy provision, while her Hawaii Whistleblowers' Protection Act claims and pay disparity claims face a two-year lookback period from February 28, 2016.

Skellington v. Kama - Certiorari Rejected

Hawaii Supreme Court rejected the certiorari application filed by Petitioner Isaac James Kama on March 6, 2026. The court issued this rejection order without oral argument or substantive discussion of the merits.

Kardash v. Psak - Harassment Injunction Appeal Affirmed

The Hawaii Intermediate Court of Appeals affirmed the District Court's denial of Keith Kardash's petition for an injunction against harassment filed against Jerre Psak. The appellate court found that Kardash's opening brief failed to comply with Hawaii Rules of Appellate Procedure Rule 28(b) and that his conclusory assertions about judicial bias were deemed waived. The District Court's unchallenged findings of fact remain binding on appeal.

Lewis v Benacquista - Harassment Injunction Affirmed on Procedural Grounds

The Hawaii Intermediate Court of Appeals affirmed the District Court of the Third Circuit's order granting a harassment injunction in favor of David William Lewis against Mike Benacquista. The appellate court rejected Benacquista's contention that the district court improperly extended the fifteen-day requirement to commence a hearing by allowing Lewis to refile his petition while a temporary restraining order was still in place, finding no violation of due process rights.

In re B.P. Family Court Appeal, Vacated Remanded

The Hawaii Intermediate Court of Appeals vacated and remanded the Family Court of the First Circuit's October 9, 2024 order that granted the Department of Human Services' request to withdraw its August 28, 2024 Petition for Temporary Foster Custody. The appellate court identified issues with the family court's admission of twenty exhibits offered by DHS and the Guardian Ad Litem over Mother's objection, including Safe Family Home Reports, Family Service Plans, and medical records. Mother had challenged both the evidentiary basis and the family court's post-appeal authority to enter findings.

Tong v. State of Hawaii - Criminal Property Damage Conviction Affirmed

The Hawaii Intermediate Court of Appeals affirmed George Tong's conviction for Criminal Property Damage in the Second Degree. The court rejected Tong's challenges to the admissibility of Diebold Nixdorf's $7,435.68 ATM repair proposal as evidence of damages exceeding the $1,500 statutory threshold, finding no hearsay or confrontation clause violation. The court also upheld the trial court's determination that Tong knew or believed he was causing more than $1,500 in damage.

ICA Affirms Land Court Easement Registration for Wailupe, Oahu Property

The Intermediate Court of Appeals of the State of Hawai'i affirmed the Land Court's Amended Judgment in CAAP-24-0000372, directing that an easement granting Lot 1688 (Dominant Property, owned by Tai Shan Shi Ye LLC) access to Hao Street over Lot 1232-A-3 (Servient Property) be noted on the Servient Property's certificate of title. The dispute arose because the easement was recorded on the Dominant Property's certificate but omitted from the Servient Property's certificate despite Land Court Order 68604 creating both rights and obligations.

Honma v. Aana - Landlord-Tenant Appeal Dismissed

The Intermediate Court of Appeals of Hawaii affirmed the District Court's dismissal without prejudice of Plaintiff-Appellant Russell Honma's landlord-tenant complaint. The District Court had dismissed the complaint because the claims were not ripe upon filing, as Honma filed for summary possession before the 45-day termination notice period expired. The appellate court found no reversible error in the dismissal.

Friends of Māhā'ulepū v. Kaua'i Planning Commission - Certiorari Accepted

The Hawaii Supreme Court accepted the petition for writ of certiorari filed by Friends of Māhā'ulepū and Save Kōloa challenging the Intermediate Court of Appeals decision in their land use dispute with the Kaua'i Planning Commission and private developers 5425 Pau A Laka LLC and Meridian Pacific. The case concerns development approvals on Kauai and will be scheduled for oral argument.

Kelly E. Duell v. - Habeas Corpus Petition Denied

The Hawaii Supreme Court denied the habeas corpus petition filed by Kelly E. Duell on November 24, 2025. The court found no special reason to invoke its original jurisdiction under the standard established in Oili v. Chang, 57 Haw. 411 (1976). This is a procedural denial that does not establish new precedent.

Hawaii Supreme Court Rejects Certiorari in Family Case

The Hawaii Supreme Court rejected I.R., now known as I.S.'s application for writ of certiorari in a consolidated family case involving child support enforcement. The order, signed by five justices including the Acting Chief Justice and three associate justices, affirms the intermediate court of appeals ruling in CAAP-23-0000384. This denial concludes the appellate process for the defendant-appellant, leaving the lower court judgment intact.

State v. Kahele - ICA Affirms Denial of Motion to Set Aside Bail Forfeiture

The Hawaii Intermediate Court of Appeals affirmed the Circuit Court's denial of Arthur Lee's motion to set aside bail forfeitures in four consolidated criminal cases. Lee, doing business as All in 1 Bonding, sought to vacate forfeiture judgments after his surety failed to appear for trial, arguing good cause under State v. Camara. The ICA upheld the denial, interpreting statutory requirements for bail bond forfeiture procedures.

Psak v. Kardash - ICA Denies Motion for Reconsideration

The Hawaii Intermediate Court of Appeals denied Respondent-Appellant Keith Kardash's motion for reconsideration of the March 31, 2026 summary disposition order in the civil case Psak v. Kardash. Kardash sought to vacate the summary disposition and consolidate the case with a related matter. The ICA panel found no demonstration of overlooked or misapprehended points of law or fact. All other pending motions were dismissed.

State v. Polido - Trespass Conviction Affirmed; Native Hawaiian Practice Defense Rejected

The Hawaii Intermediate Court of Appeals affirmed Edmund Polido's second-degree trespass conviction for entering Kapāpala Ranch, rejecting his argument that hunting pig constituted a constitutionally protected native Hawaiian practice under State v. Hanapi. The court found Polido failed to demonstrate he met the three-prong Hanapi test, including that the property qualified as undeveloped or less than fully developed. The appellate court also rejected claims of ineffective assistance of counsel and improper denial of a continuance.

Lupton v. Kardash - Harassment Injunction Appeal Affirmed

The Hawaii Intermediate Court of Appeals affirmed the District Court's three-year civil harassment injunction against Keith Kardash under HRS § 604-10.5, prohibiting Kardash from contacting, threatening, or harassing his neighbor Raylani Lupton. The appellate court rejected Kardash's claims that insufficient evidence supported the injunction, that five years of no communication negated harassment, and that certain conduct served legitimate purposes. The court noted deficiencies in Kardash's appellate briefing under HRAP Rule 28(b) but exercised discretion to address arguments on the merits.

Bohm v. Oceanaire Properties - Certiorari Rejected

The Supreme Court of the State of Hawai'i rejected the Application for Writ of Certiorari filed by Petitioner Oceanaire Properties, LLC on April 8, 2026. This procedural ruling declines to review the appeal from the Intermediate Court of Appeals decision in case CAAP-22-0000407. The Intermediate Court's ruling in the underlying civil case (5CCV-19-0000001) is now final and binding on the parties.

Westridge Lending REIT v. Abracadabra LLC - Stipulated Dismissal

The Hawaii Intermediate Court of Appeals approved a stipulation to dismiss an appeal in Westridge Lending REIT, LLC v. Abracadabra LLC et al., Case No. CAAP-25-0000504. The parties agreed to dismiss the appeal with prejudice, with each party bearing their own attorneys' fees and costs. The court issued this order on April 8, 2026.

Stipulation to Dismiss Appeal: Bricklayers Union v. Quality General

The Hawaii Intermediate Court of Appeals approved a stipulation dismissing an appeal filed by the International Union of Bricklayers and Allied Craftworkers, Local Union #1 against Quality General, Inc. The appeal concerned an order denying confirmation and enforcement of an arbitration decision and award. The parties agreed to dismiss the appeal with prejudice and bear their own attorneys' fees and costs.

Towd Point Mortgage dismisses Chang appeal, 1st Circuit

The Hawaii Intermediate Court of Appeals granted an Amended Stipulation for Dismissal with Prejudice filed by mortgage servicer Towd Point Mortgage Trust and borrowers Lawrence and Teodora Chang, dismissing the appeal in the underlying mortgage dispute. All stipulating parties, including the United States and Hawaiian Tel Federal Credit Union, shall bear their own attorneys' fees and costs. The court construed the stipulation as an unopposed motion and denied additional relief.

Jeannie Jiwon Park - Attorney Resignation in Good Standing

The Hawaii Supreme Court granted attorney Jeannie Jiwon Park's petition to resign from the practice of law in good standing. The court ordered her removal from the roll of attorneys (attorney number 8082), effective upon filing. She must comply with continuing notice, declaration, and record-keeping requirements under RSCH Rule 2.16.

Friends of Māhā'ulepū v. Kaua'i Planning Commission - Permit Revocation Appeal

The Hawai'i Intermediate Court of Appeals vacated and remanded the Circuit Court of the Fifth Circuit's affirmance of the Kaua'i Planning Commission's denial of a petition to revoke development permits for the Coco Palms resort redevelopment project. The appellate court found the circuit court erred by making findings of fact sua sponte unsupported by the agency record and by applying incorrect legal standards regarding standing and due process.

State v. Aquino-Martinez - Electronic Enticement Conviction Affirmed

The Hawai'i Intermediate Court of Appeals affirmed the conviction of Miguel Alfredo Aquino-Martinez for first-degree electronic enticement of a child, rejecting his claims that law enforcement violated his constitutional privacy rights under the Hawai'i Constitution and Hawaii's Wiretap Act during a sting operation. The appellate court upheld the Circuit Court's denial of Aquino-Martinez's motion to suppress evidence obtained through undercover officers posing as minors online.

Malagodi v. Nice - Appeal Dismissed for Lack of Jurisdiction

The Hawaii Intermediate Court of Appeals dismissed consolidated appeals CAAP-24-0000014 and CAAP-24-0000015 for lack of jurisdiction due to appellants' failure to comply with Hawaii Rules of Appellate Procedure requirements. The underlying case involved a residential property purchase contract dispute where sellers Nice were ordered to execute closing documents or post a $1,826,663.89 supersedeas bond, and subsequently held in contempt for non-compliance.

Quach v. State - Certiorari Application Denied

The Hawaii Supreme Court rejected Toan Quach's application for writ of certiorari challenging his criminal conviction. The five-justice court (with Justice Ginoza dissenting) denied review without explanation. The certiorari denial means the Intermediate Court of Appeals decision stands and the criminal case proceeds to final resolution.

Kawatachi v. Parrish - Certiorari Accepted

The Hawaii Supreme Court accepted the certiorari application in Kawatachi v. Parrish (SCWC-23-0000701). The case involves the Hawaii Civil Rights Commission and concerns disputed security deposits exceeding $5 million. The matter will be scheduled for oral argument before the state's highest court.

Stipulated Dismissal of Appeal in Mortgage Foreclosure Dispute

The Hawaii Intermediate Court of Appeals approved a stipulated dismissal with prejudice in case CAAP-25-0000813. Wilmington Savings Fund Society, FSB and defendant Laura Taguiped stipulated to dismiss the mortgage-related appeal. Each party bears their own fees and costs.

State v. Kawashima - Extraordinary Writ Denied

The Hawaii Supreme Court denied the State of Hawaiʻi's petition for extraordinary writ challenging a trial court's exclusion of witness Manuel Thomas. The court upheld the lower court's ruling that the State violated Rule 16(b)(1)(vii) of the Hawaiʻi Rules of Penal Procedure by failing to provide witness availability information and serve a subpoena by the February 26, 2026 deadline. The State had multiple opportunities since September 30, 2025, to serve Thomas at court hearings.

Attorney Jonathon Gurish Resignation from Practice

The Hawaii Supreme Court granted attorney Jonathon A. Gurish's petition to resign from the practice of law in the State of Hawaii. The court ordered his name (attorney number 4233) removed from the state attorney roll, effective upon filing. Compliance with notice and declaration requirements under RSCH Rule 2.16 was required.

Hawaii Supreme Court accepts guardianship certiorari, consolidated case

The Hawaii Supreme Court accepted the certiorari application filed by Petitioners/Guardians-Appellees JK and GK in consolidated guardianship cases (SCWC-23-0000356). The court limited its review to questions I, II, and III from the certiorari application and ordered that no oral argument will be heard unless a party moves for retention within ten days.

Ford v. Board of Appeals - Order of Correction

The Intermediate Court of Appeals of the State of Hawai'i issued an order correcting its March 30, 2026 Memorandum Opinion in the consolidated cases CAAP-25-0000004 and CAAP-25-0000005. The correction fixes a typo on page 7 (changing 'purchase' to 'purchaser') and adds attorney counsel credits on page 13. No parties are required to take any action as this is an administrative correction to the court record.

Klemme v. Banks Pacific Construction - Appeal Dismissed for Lack of Jurisdiction

The Hawaii Intermediate Court of Appeals dismissed an appeal filed by Darryl Banks and Banks Pacific Construction, Inc. for lack of appellate jurisdiction. The court found that the underlying Circuit Court order granting partial summary judgment was not a final, appealable order. The court also denied Plaintiff Klemme's request for sanctions, ruling that Hawaii Rules of Appellate Procedure Rule 38 only permits sanctions for frivolous appeals that have been decided.