Opinion
NO. SCPW-11-0000751 CIVIL NO. 1SC11-1-1620
11-22-2011
WILLIAM MIDDLETON, Petitioner, v. THE HONORABLE GERALD H. KIBE, JUDGE OF THE DISTRICT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of the motion for reconsideration of the October 31, 2011 order denying the petition for a writ of mandamus, it appears that the motion for reconsideration -- filed on November 21, 2011 -- was not filed within 10 days after the filing of the October 31, 2011 order. See HRAP 40(a) ("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."). Therefore,
IT IS HEREBY ORDERED that the motion for reconsideration is denied as untimely.
DATED: Honolulu, Hawai'i, November 22, 2011.
Mark E. Recktenwald
Paula A. Nakayama
Simeon R. Acoba, Jr.
James E. Duffy, Jr.
Sabrina S. McKenna