Opinion
25411
October 22, 2003.
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CIV. NO. 02-101KN)
On the motion: Elizabeth B. Croom for Defendant-Appellant. James Sogi for Plaintiff-Appellee.
ORDER GRANTING DEFENDANT-APPELLANT'S MOTION FOR RECONSIDERATION AND VACATING MEMORANDUM OPINION
Upon consideration of "Defendant-Appellant's Motion for Reconsideration" filed on October 15, 2003,
IT IS HEREBY ORDERED that the motion is granted and that the October 8, 2003 Memorandum Opinion is vacated and a new opinion shall be entered.
Pursuant to Rule 40(c), Hawai`i Rules of Appellate Procedure, "[n]o response to a motion for reconsideration or reply to a response will be received unless requested by the court." No such request having been made by the appellate court, the "Memorandum in Opposition to Motion for Reconsideration" filed on October 17, 2003, was not considered by the court.