***NOT FOR PUBLICATION***
DISSENTING OPINION BY ACOBA, J.
I disagree with dismissal.In this case
the court set forth its dispositive order denying the December 3, 2003
motion for reconsideration in a March 1, 2004 minute order. This was
the
89th day following the filing of the motion. The written order
embodying the minute order disposition was filed on March 18, 2004. The
circuit court granted
HCDCH an extension of time to appeal to cover the arguable question of
whether appeal was permissible from the entry of the written order.
Under the
circumstances, I would apply the term "good cause" as used in the
present rule, HRAP Rule 4(a)(4)(A), in light of the plain and ordinary
meaning of the term,
that is, "'a substantial reason amounting in law to a legal excuse for
failing to perform an act required by law[,]'" Miller
v. Tanaka,
80 Hawai`i 358, 363, 910
P.2d 129, 135 (App. 1995) (quoting Black's Law
Dictionary
692 (6th ed. 1990)), and give due deference to the discretion exercised
by the trial court in granting
an extension of time to file an appeal. Doing so, I would not dismiss
the appeal. Our preference should be to give "parties an opportunity to
litigate claims or
defenses on the merits." Shasteen,
Inc. v. Hilton Hawaiian Village Joint Venture, 79 Hawai`i 103,
107, 899 P.2d 386, 390 (1995).