Ricci v. Carp
CourtHawaii Supreme Court
Date FiledOctober 23, 2026
DocketSCWC-24-0000770
JudgeGinoza
StatusPublished
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Full Opinion
Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
23-OCT-2026
11:43 AM
Dkt. 10 OGAC
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
GARY J. RICCI,
Petitioner/Plaintiff-Appellant,
vs.
GERALD CARP M.D.; ALOHA EYE CLINIC; DR. THOMAS KROPP;
DR. CLAUDIA HOOTEN; BENNETT EYE INSTITUTE,
Respondents/Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CASE NO. 2CCV-XX-XXXXXXX)
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
(By: Devens, C.J., McKenna, and Eddins, JJ., and
Circuit Judge Tonaki, assigned by reason of vacancy;
and Ginoza, J., dissenting)
Petitioner filed the application for certiorari on August
24, 2026, three business days after the August 19, 2026,
deadline. Pursuant to this court’s discretion set forth in
Hawaiʻi Revised Statutes (“HRS”) § 602-59(a), and pursuant to
this court’s powers under HRS § 602-5(a)(6) for the promotion of
justice in matters pending before it and under Hawaiʻi Rules of
Appellate Procedure (“HRAP”) Rule 2 to suspend rules,
Petitioner’s application is hereby accepted as to the first
question on certiorari only.
It is further ordered, that no oral argument will be heard
in this case. Any party may, within ten days and pursuant to
HRAP Rule 34(c), move for retention of oral argument.
DATED: Honolulu, Hawaiʻi, October 23, 2026.
/s/ Vladimir P. Devens
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ John M. Tonaki
DISSENT BY GINOZA, J.
I respectfully dissent to the Order Accepting
Application for Writ of Certiorari because the application was
untimely and this court lacks jurisdiction. See HRS § 602-59(c)
(Supp. 2017) (establishing the statutory time limit for filing
an application for writ of certiorari).
/s/ Lisa M. Ginoza
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