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.
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) ).
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.
Consequently, the Motion to Reconsider Circuit Court Order tolled the time to file the notice of appeal, and the notice of appeal was filed on December 16, 2020, within thirty days after entry of the November 17, 2020 order denying the Motion to Reconsider Circuit Court Order. See Hawai'i Rules of Appellate Procedure (HRAP) Rules 4(a)(3) & 40(b); Ass'n of Condo. Homeowners of Tropics at Waikele ex rel. Bd. of Directors v. Sakuma, 131 Hawai'i 254, 256, 318 P.3d 94, 96 (2013); Simpson v. Dep't of Land & Nat. Res., 8 Haw. App. 16, 21, 791 P.2d 1267, 1272 (1990), overruled on other grounds byKaniakapupu v. Land Use Comm'n, 111 Hawai'i 124, 139 P.3d 712; Doe v. Doe, 98 Hawai'i 144, 151, 44 P.3d 108, 1092 (2002); HSBC Bank USA Nat'l Ass'n v. Collman, No. CAAP-13-0005087, 2014 WL 138945, at *1 (App. Apr. 9, 2014) (order granting HRAP Rule 40 motion for reconsideration of order dismissing appeal for lack of appellate jurisdiction and reinstating appeal).
Nevertheless, "when a timely post-judgment tolling motion is deemed denied, it does not trigger the thirty-day deadline for filing a notice of appeal until entry of the judgment or appealable order pursuant to HRAP Rules 4(a)(1) and 4(a)(3)." 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). Consequently, Kingston's August 16, 2017 notice of appeal was timely filed within thirty days after entry of the July 31, 2017 post-judgment order.
We have jurisdiction regarding Collins' appeal from the April 28, 2016 Writ of Possession, which ordered that Collins, among others be ejected from the subject property. Collins' appeal is timely due to her filing a motion to reconsider the April 28, 2016 Judgment relating to the April 28, 2016 Order Approving Commissioner's Report and Granting Plaintiff's Motion for Confirmation of Foreclosure Sale, Allowance of Costs, Commissions and Fees, Distribution of Proceeds, Directing Conveyance and for Writ of Possession/Ejectments, Filed January 13, 2016 ("Order Granting Foreclosure Sale and for Writ") and the application of Ass'n of Condo. Homeowners of Tropics at Waikele ex rel. Bd. of Directors v. Sakuma, 131 Hawai'i 254, 256, 318 P.3d 94, 96 (2013). The fact that Collins is a non-party to the underlying action does not bar her from appealing from the Writ of Possession entered against her.