NO. 23428



IN THE SUPREME COURT OF THE STATE OF HAWAII



LLEWELLYN K. WAILEHUA, JR., Plaintiff-Appellant


and



SONELAU LUPESOLIAI, et al., Plaintiffs



vs.



CORRECTIONS CORPORATION OF AMERICA; et al.,

Defendants-Appellees



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 99-1210)





ORDER DENYING MOTION FOR RECONSIDERATION

(By: Moon, C.J., Levinson,

Nakayama, Ramil, and Acoba, JJ.)



Upon consideration of the motion for reconsideration of the August 28, 2000 order dismissing appeal, the papers in support, and the record, it appears that the motion for reconsideration is untimely because it was received and filed at the supreme court on September 25, 2000, more than ten days after the filing of the August 28, 2000 order. See HRAP 40(a). Therefore,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawaii, October 2, 2000.