Opinion
NO. CAAP 13-0001699 NO. CAAP-15-0000516 NO. CAAP-15-0000517
05-10-2017
LORNA SOUZA, TRUSTEE OF THE IRENE K. TAKAHAMA TRUST DATED NOVEMBER 19, 1992, AS AMENDED, AND THE LAWRENCE I. TAKAHAMA TRUST DATED NOVEMBER 19, 1992, Plaintiff-Appellee, v. ELIZABETH FISHER, Defendant-Appellant LORNA SOUZA, TRUSTEE OF THE IRENE K. TAKAHAMA TRUST DATED NOVEMBER 19, 1992, AS AMENDED, AND THE LAWRENCE I. TAKAHAMA TRUST DATED NOVEMBER 19, 1992, Plaintiff/Counterclaim Defendant-Appellant, v. ELIZABETH FISHER, Defendant/Counterclaim Plaintiff-Appellee LORNA SOUZA, TRUSTEE OF THE IRENE K. TAKAHAMA TRUST DATED NOVEMBER 19, 1992, AS AMENDED, AND THE LAWRENCE I. TAKAHAMA TRUST DATED NOVEMBER 19, 1992, Plaintiff/Counterclaim Defendant-Appellee, v. ELIZABETH FISHER, Defendant/Counterclaim Plaintiff-Appellant
APPEALS FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION
(CIVIL CASE NO. 1RC12-1-000925) ORDER DENYING MOTION FOR LEAVE TO FILE LATE MOTION FOR RECONSIDERATION AND DENYING MOTION FOR RECONSIDERATION OF MEMORANDUM OPINION
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Upon consideration of the record, it appears that:
(1) On April 7, 2017, this court issued its Memorandum Opinion in these consolidated appeals;
(2) On April 13, 2017, this court issued an order granting Defendant/Counterclaim Plaintiff Elizabeth Fisher's (Fisher) request for additional time to file a motion for reconsideration from the Memorandum Opinion, allowing Fisher to file a motion for reconsideration no later than May 8, 2017;
(3) On May 9, 2017, Fisher filed an untimely "Motion for Reconsideration of Memorandum Opinion";
(4) On May 9, 2017, Fisher also filed a "Motion for Leave to File Late Motion for Reconsideration";
(5) Fisher's request for further extension of time is not authorized under Rule 40(a) of the Hawai'i Rules of Appellate Procedure (HRAP) ("A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.") (emphasis added); and
(6) In any event, Fisher fails to show good cause for a further extension.
Therefore, IT IS HEREBY ORDERED that:
(A) Fisher's "Motion for Leave to File Late Motion for Reconsideration" is denied; and
(B) Fisher's "Motion for Reconsideration of Memorandum Opinion" is denied as untimely under HRAP Rule 40.
DATED: Honolulu, Hawai'i, May 10, 2017.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge