Opinion
NO. 30401
02-24-2012
EASTERN SAVINGS BANK, FSB a federal savings bank organized and existing under the laws of the Unites States of America, Plaintiff-Appellee, v. JOSEPH KAHEIKI OKALANI KALUA'U, GEORGETTE KEIKILANI NAIHE KALUA'U, Defendants-Appellants, and HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, A Hawaii nonprofit corporation, COUNTY OF HAWAII, a municipal corporation, Defendants
Gary Victor Dubin Frederick J. Arensmeyer for Defendants-Appellants.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 09-1-14K)
ORDER DENYING DEFENDANTS-APPELLANTS' MOTION FOR
RECONSIDERATION OF ORDER GRANTING PLAINTIFF-APPELLEE'S
MOTION TO DISMISS APPEAL FILED FEBRUARY 8, 2012
Appellants correctly note that Plaintiff-Appellee's Motion to Dismiss Appeal was filed January 30, 2012.
(By: Foley, Presiding J., Fujise and Ginoza, JJ.)
Upon consideration of Defendants-Appellants' Motion for Reconsideration of February 8, 2012 Order Granting Plaintiff-Appellee Eastern Savings Bank, FSB's Motion To Dismiss Appeal filed February 21, 2012, the memorandum/papers in support of the motion, and the records and files in this case, it appears that:
(1) Appellee Eastern Savings Bank, FSB's Motion to Dismiss Appeal (motion to dismiss) was filed on January 30, 2012 and, on that same date, Defendants-Appellants were served with the motion to dismiss by hand delivery.
(2) Any objection by Defendants-Appellants to the motion to dismiss was due on February 6, 2012. Hawai'i Rules of Appellate Procedure (HRAP), Rules 26 and 27.
(3) Defendants-Appellants did not file any timely objection to the motion to dismiss, nor did they seek an extension for responding to the motion as allowed under HRAP Rules 26 and 27.
(4) The order granting the motion to dismiss was filed on February 8, 2012, after any objection from Defendants-Appellants was due.
Therefore,
IT IS HEREBY ORDERED that the motion is denied.
DATED: Honolulu, Hawaii, February 24, 2012. On the motion: Gary Victor Dubin
Frederick J. Arensmeyer
for Defendants-Appellants.
Presiding Judge
Associate Judge
Associate Judge