Opinion
No. 29596
May 15, 2009.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 08-1-0869)
By: FOLEY, Presiding Judge, FUJISE and LEONARD, JJ.
ORDER DENYING MAY 6, 2009 MOTION TO RECONSIDER APRIL 30, 2009 ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
Upon review of (1) the April 30, 2009 order dismissing this appeal for lack of appellate jurisdiction, (2) Defendant-Appellant Michael Tierney's (Appellant Tierney) May 6, 2009 motion to reconsider the April 30, 2009 order of dismissal pursuant to HRAP Rule 40 of the Hawai'i Rules of Appellate Procedure (HRAP), and (3) the record, it appears that Appellant Tierney's May 6, 2009 HRAP Rule 40 motion to reconsider the April 30, 2009 order of dismissal is without merit. Therefore,
IT IS HEREBY ORDERED that Appellant Tierney's May 6, 2009 HRAP Rule 40 motion to reconsider the April 30, 2009 order of dismissal is denied.