Opinion
NO. CAAP-12-0000044
03-06-2015
MARY LOU JACK, Plaintiff-Appellee, v. THOMAS EDWARD JACK, II, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 10-1-0269)
ORDER DENYING MARCH 4, 2015 MOTION FOR RECONSIDERATION AND/OR CLARIFICATION OF FEBRUARY 26, 2015 SUMMARY DISPOSITION ORDER
(By: Foley, Presiding Judge, Fujise and Reifurth, JJ.)
Upon review of (1) Attorney Donna Davis Green's (Attorney Green) March 4, 2015 motion for reconsideration, of the February 26, 2015 Summary Disposition Order, (2) the February 26, 2 015 Summary Disposition Order, and (3) the record, it appears that we did not overlook or misapprehend any points of fact or law when we included footnote 3 in the Summary Disposition Order. Hawai'i Family Court Rule 87(a) does not excuse an attorney who has received a notice of appeal from opposing counsel from notifying the appellate court that he or she is no longer counsel, for the appellee. This is especially true where, as here, silence on appellee's counsel's part led to the continued service of documents to appellee's counsel rather than to appellee herself. Therefore,
IT IS HEREBY ORDERED that the March 4, 2 015 motion for reconsideration of the February 26, 2015 Summary Disposition Order in case number CAAP-12-0000044 is denied.
DATED: Honolulu, Hawai'i, March 6, 2015.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge