Petitioners/Defendants–Appellants Ronald Pajela Amasol and Jean Louise Morales Amasol (collectively, "the Amasols") seek review of the November 20, 2013 "Order Dismissing Appeal for Lack of Appellate Jurisdiction" ("Dismissal Order") issued by the Intermediate Court of Appeals ("ICA"). In light of our decision in Association of Condominium Homeowners of Tropics at Waikele v. Sakuma, 131 Hawai‘i 254, 318 P.3d 94 (2013), which was issued about one month after the Dismissal Order, we hold that the ICA erred in dismissing as untimely the Amasols' appeal from the December 31, 2012 order denying their April 16, 2012 motion for reconsideration and the decisions for which reconsideration had been sought. Clarifying our opinion in Sakuma, however, we also hold that the ICA did not err in dismissing as premature any attempted appeal of the Amasols' July 13, 2012 amended reconsideration motion, because the circuit court has not entered an order disposing of that motion.
See In re Int'l Union of Painters & Allied Trades, Painters Local Union 1791 v. Endo Painting Serv. Inc., Nos. CAAP-12-0000661, CAAP-12-0001094, CAAP-13-0000187, 2015 WL 3649836 at *4 (Haw. App. June 10, 2015) (mem. op.). On appeal, Century Campus argues that the Circuit Court retains jurisdiction to enter an order disposing of a post-judgment motion after the ninety day deadline under Ass'n of Condominium Homeowners of Tropics at Waikele v. Sakuma, 131 Hawai'i 254, 256, 318 P.3d 94, 96 (2013). In Sakuma, the appellant filed a post-judgment motion for reconsideration on June 7, 2012.
See Ass’n of Condo. Homeowners of Tropics at Waikele v. Sakuma, 131 Hawai‘i 254, 318 P.3d 94 (2013). There, the circuit court entered a default judgment and foreclosure decree.
Petitioners/Defendants-Appellants Ronald Pajela Amasol and Jean Louise Morales Amasol (collectively, "the Amasols") seek review of the November 20, 2013 Order Dismissing Appeal for Lack of Appellate Jurisdiction" ("Dismissal Order") issued by the Intermediate Court of Appeals ("ICA"). In light of our decision in Association of Condominium Homeowners of Tropics at Waikele v. Sakuma, 131 Hawai'i 254, 318 P.3d 94 (2013), which was issued about one month after the Dismissal Order, we hold that the ICA erred in dismissing as untimely the Amasols' appeal from the December 31, 2012 order denying their April 16, 2012 motion for reconsideration and the decisions for which reconsideration had been sought. Clarifying our opinion in Sakuma, however, we also hold that the ICA did not err in dismissing as premature any attempted appeal of the Amasols' July 13, 2012 amended reconsideration motion, because the circuit court has not entered an order disposing of that motion.
Additionally, as we stated in Association of Condominium Homeowners of Tropics at Waikele v. Sakuma, it is a fundamental tenet of statutory interpretation that "[c]ourts are bound to give effect to all parts of a statute, and that no clause, sentence, or word shall be construed as superfluous, void, or insignificant if a construction can be legitimately found which will give force to and preserve all words of the statute." 131 Hawai‘i 254, 256, 318 P.3d 94, 96 (2013) (quoting Keliipuleole v. Wilson, 85 Hawai‘i 217, 221, 941 P.2d 300, 304 (1997) ).
Further, “[t]he interpretation of a rule promulgated by the courts involves principles of statutory construction.” Ass'n of Condo. Homeowners of Tropics at Waikele ex rel. Bd. of Dirs. v. Sakuma, 131 Hawai‘i 254, 255, 318 P.3d 94, 95 (2013) (quoting Cresencia v. Kim, 85 Hawai‘i 334, 335-36, 944 P.2d 1277, 1278–79 (1997) ). Under our principles of statutory construction, “[c]ourts are bound to give effect to all parts of a statute, and ... no clause, sentence, or word shall be construed as superfluous, void, or insignificant if a construction can be legitimately found which will give force to and preserve all words of the statute.”
On November 26, 2013, the Intermediate Court of Appeals (ICA ) filed an opinion in which, for the reasons stated therein, the court: (1) vacated the Circuit Court's February 24, 2011 Final Judgment; (2) reversed the Circuit Court's January 4, 2011 orders, the Order Granting Employer's Motion to Vacate in Part Award Dated May 7, 2010, and the Order Denying HSTA's Motion for Reconsideration of Employer's Motion to Vacate in Part Award Dated May 7, 2010; and (3) dismissed HSTA's appeal of the Circuit Court's January 31, 2011 Order Granting HSTA's Motion to Alter and to Amend Judgment Entered October 1, 2010 or in the Alternative to Confirm Supplemental Arbitration Award Clarifying Award Of May 7, 2010, Filed October 11, 2010. On September 15, 2014, the ICA entered an order vacating opinion, in light of the Hawai‘i Supreme Court's Opinion in Ass'n of Condo. Homeowners of Tropics at Waikele v. Sakuma , 131 Hawai‘i 254, 318 P.3d 94 (2013) (Sakuma ). II. POINTS OF ERROR
It is not necessary to adopt Defendants' illogical interpretation of Act 282, §§ 3, 4, and 5. Another interpretation exists which is logical and gives effect to all sections of the act. Cf. Ass'n of Condo. Homeowners of Tropics at Waikele ex rel. Bd. of Dirs. v. Sakuma, 131 Hawai'i 254, 256, 318 P.3d 94, 96 (2013) ("Courts are bound to give effect to all parts of a statute, and that no clause, sentence, or word shall be construed as superfluous, void, or insignificant if a construction can be legitimately found which will give force to and preserve all words of the statute." (brackets, quotation marks, and citation omitted)).
Id. at 302, 318 P.3d at 592. On September 15, 2014, the ICA entered an order vacating the opinion sua sponte, "[i]n light of the Hawai‘i Supreme Court's Opinion in Association of Condominium Homeowners of Tropics at Waikele v. Sakuma, 131 Hawai‘i 254, 318 P.3d 94 (2013)." Haw.
()On September 28, 2015, Petitioner/Defendant-Appellant Patsy Naomi Sakuma (Sakuma) filed an application for a writ of certiorari seeking review of the Intermediate Court of Appeals' (ICA) September 23, 2015 judgment on appeal. Although it is understandable that the ICA presumed it had jurisdiction and addressed Sakuma's appeal after the majority's opinion in Ass'n of Condo. Homeowners of Tropics at Waikele ex rel. Bd. of Dirs. v. Sakuma, 131 Hawai'i 254, 318 P.3d 94 (2013) was issued, our recent decision in Deutsche Bank Nat'l Trust Co. v. Amasol, 135 Hawai'i 357, 351 P.3d 584 (2015) clarified that the ICA did not have jurisdiction to hear the appeal. Therefore,