Kersh v. O'Brien ( 2010 )

LAMUBHAHY
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 30ll5
IN THE INTERMEDIATE coURT oF APPEALS
oF THE STATE oF HAWAI‘I
FRANcEs T. o'BRIEN and
DAVID KERSH, Plaintiff-Appellant, v
RANDALL Y.K. CHAR, Jointly and Severally, §‘
_ Defendants-Appellees M§,
§?H`?L;§
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APPEAL FROM THE CIRC'UIT COURT OF THE FIRST C'I
(CIVIL NO. 06-1-2208)
91 =onw w army
§§
ORDER DENYING SEPTEMBER 7, 2010 HR.AP RULE 30
MOTION FOR RECONSIDER_A'I`ION OF AUGUST 17, 203 0
2010 MOTION 'I'O DISMISS APPEAL
ORDER GRANTING JULY 20,
(By: Fujise, Presiding Judge, Reifurth and Ginoza, JJ.)
Upon review of (1) the August 17, 2010 order granting
Defendants-Appellees Francis T. O'Brien and Randall Y.K. Char's
(Appellees O'Brien and Char) July 20, 2010 motion to dismiss this
(2) Plaintiff-
appeal for lack of appellate jurisdiction,
Appellant David Kersh's (Appellant Kersh) September 7, 2010
motion to reconsider the August 17, 2010 dismissal order and
(3) the record, it appears that Appellant Kersh's September 7,
2010 motion for reconsideration of the August 17, 2010 dismissal
order is untimely and lacks merit.
"A motion for reconsideration may be filed by a party
dispositional
only within 10 days after the filing of the
order[.]" HawaiYi Rules of Appellate Procedure (HRAP) Rule 40(a).
Appellant Kersh did not file his September 7, 2010 motion for
reconsideration within ten days after the filing of the August
Therefore, Appellant Kersh's September
17, 2010 dismissal order.
7, 2010 HRAP Rule 40 motion for reconsideration is untimely under
HRAP Rule 40(3_) .
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Furthermore, the court did not overlook or misapprehend
any points of law or fact when entering the August 17, 2010 order
granting Appellees O'Brien and Char's July 20, 2010 motion to
dismiss this appeal for lack of appellate jurisdiction.
Therefore, Appellant Kersh's September 7, 2010 motion for
reconsideration of the August 17, 2010 dismissal order lacks
merit. Accordingly,
IT IS HEREBY ORDERED that Appellant Kersh’s
September 7, 2010 motion for reconsideration of the August 17,
2010 dismissal order is denied.
DATED: Honolulu, Hawafi, September 143 20l0.
Presiding J
j>gL,/umctm
Associate Judge
°