Opinion
No. 29341
February 11, 2009.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 06-1-1891-10)
By: FOLEY, Presiding Judge, FUJISE and LEONARD, JJ.
Upon review of (1) the January 26, 2009 order dismissing this appeal, (2) Plaintiff/Counterclaim-Defendant/Appellant Olga M. Lansing's (Appellant Lansing) February 4, 2009 motion to reconsider the January 26, 2009 order dismissing this appeal pursuant to Rule 40 of the Hawai'i Rules of Appellate Procedure (HRAP), (3) Appellant Lansing's February 6, 2009 "Motion to Reinstate Appeal[,]" and (4) the record, it appears that we have not overlooked or misapprehended any point of law or fact. We further note that the ten-day deadline for a motion for relief from the January 26, 2009 order dismissing this appeal pursuant to HRAP Rule 40 expired on February 5, 2009.
Therefore, IT IS HEREBY ORDERED that Appellant Lansing's February 4, 2009 HRAP Rule 40 motion to reconsider the January 26, 2009 order dismissing this appeal is denied, and Appellant Lansing's February 6, 2009 "Motion to Reinstate Appeal" is denied.
In light of Plaintiff/Counterclaim-Defendant/Appellant Olga M. Lansing's assertion that the circuit court has recently filed a February 4, 2009 amended judgment, we note that our dismissal of appellate court case number 29341 is without prejudice to any party's right to file, in the circuit court, a timely notice of appeal from the February 4, 2009 amended judgment.