Opinion
NO. CAAP-11-0000447
11-09-2011
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 11-1-0245)
ORDER DENYING HRAP RULE 40 MOTION
TO RECONSIDER OCTOBER 27, 2011 ORDER
DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Foley, Presiding Judge, Fujise and Reifurth, JJ.)
Upon review of (1) the October 27, 2011 order dismissing Appeal No. CAAP-11-0000447 for lack of jurisdiction, (2) Defendants-Appellants Bruce Chadwick and Chadwick Hawaii Distributing, Inc.'s, (the Chadwick Appellants) November 4, 2011 motion for reconsideration of the October 27, 2011 dismissal order pursuant to Rule 40 of the Hawai'i Rules of Appellate Procedure (HRAP), and (3) the record, it appears that we did not overlook or misapprehend any points of law or fact when we dismissed Appeal No. CAAP-11-0000447 for lack of jurisdiction. Therefore, the Chadwick Appellants' November 4, 2011 HRAP Rule 40 motion for reconsideration of the October 27, 2011 dismissal order lacks merit. Accordingly,
IT IS HEREBY ORDERED that the Chadwick Appellants' November 4, 2011 HRAP Rule 40 motion for reconsideration of the October 27, 2011 dismissal order is denied.
DATED: Honolulu, Hawai'i, November 9, 2011.
Presiding Judge
Associate Judge
Associate Judge