Fung v. Hoi

Opinion

Electronically Filed Supreme Court SCWC-XX-XXXXXXX 20-MAY-2026 03:40 PM Dkt. 20 ODSMR

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

WEI LING FUNG, Petitioner/Plaintiff/Counterclaim Defendant-Appellant,

vs.

WA CHAM HOI, Respondent/Defendant/Counterclaimant/ Third-Party Plaintiff-Appellee,

and

FUGANG XIA aka SUMMER, Petitioner/Third-Party Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CASE. NO. 1DRC-XX-XXXXXXX)

ORDER DISMISSING MOTION (By: Devens, C.J., McKenna, Eddins, and Ginoza, JJ., and Circuit Judge Castagnetti, assigned by reason of vacancy)

Upon consideration of Petitioners’ “Motion for

Clarification or, in the Alternative, Recall of Order Denying Certiorari,” which we construe as a motion for reconsideration

of the order rejecting certiorari filed on April 20, 2026,

Respondent’s opposition, and the record herein,

It is ordered that the Motion is dismissed. See

Hawaiʻi Rules of Appellate Procedure Rule 40.1(h) (“Neither

acceptance nor rejection of an application for a writ of

certiorari shall be subject to a motion for reconsideration in

the supreme court. The rejection of an application for

certiorari shall be final.”).

It is further ordered that Respondent’s request for

attorney fees and costs is denied.

DATED: Honolulu, Hawaiʻi, May 20, 2026.

/s/ Vladimir P. Devens

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Jeannette H. Castagnetti