NOT FOR PUBLICATION

NO. 25990




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




TINA A. MOHR, Plaintiff-Appellant, v.
JAMES DOUGLAS KEAUHOU ING, ROBERT KALANI UICHI KIHUNE, CONSTANCE
HEE LAU, DIANE JOYCE PLOTTS and CHARLES NAINOA THOMPSON, in their
capacities as Trustees under the Will and of the Estate of
Bernice Pauahi Bishop, deceased, a Hawaii charitable trust;
PAUAHI MANAGEMENT CORPORATION, a Hawaii corporation dba ROYAL
HAWAIIAN SHOPPING CENTER, Defendants-Appellees,
and
DOE DEFENDANTS 1-25, Defendants.



APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT



(CIV. NO. 01-1-1877)



SUMMARY DISPOSITION ORDER
(By:Watanabe, Acting C.J., Lim and Fujise, JJ.)

Plaintiff Tina A. Mohr (Mohr) appeals the June 23, 2003 judgment that the Circuit Court of the First Circuit (circuit court) (1)  entered in favor of Defendants James Douglas Keauhou Ing, Robert Kalani Uichi Kihune, Constance Hee Lau, Diane Joyce Plotts and Charles Nainoa Thompson, in their capacity as Trustees under the Will and of the Estate of Bernice Pauahi Bishop, Deceased, a Hawaii Charitable Educational Trust; and Pauahi Management Corporation (collectively, Defendants).

After a painstaking review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we hold that the circuit court did not abuse its discretion in entering (1) the June 23, 2003 order granting the oral motion to dismiss with prejudice brought by Defendants pursuant to Hawai`i Rules of Civil Procedure (HRCP) Rule 41(b) (2003), Webb v. Harvey, 103 Hawai`i 63, 66-68, 79 P.3d 681, 684-86 (App. 2003); (2) the June 13, 2003 order denying the HRCP Rule 60(b)(2) (2003) motion Mohr filed on May 27, 2003 for reconsideration of the May 8, 2003 order denying her April 28, 2003 motion to continue trial date and discovery period, HRCP Rule 60(b) ("the court may relieve a party . . . from a final judgment, order, or proceeding" (emphasis supplied)); Matsumoto v. Asamura, 5 Haw. App. 628, 630-31, 706 P.2d 1311, 1312-13 (1985); and (3) the May 8, 2003 order denying Mohr's April 28, 2003 motion to continue trial date and discovery period, Sapp v. Wong, 62 Haw. 34, 41, 609 P.2d 137, 142 (1980).

Therefore,

IT IS HEREBY ORDERED that the June 23, 2003 judgment of the circuit court is affirmed.

DATED: Honolulu, Hawai`i, December 29, 2005.


On the briefs:


Gary Victor Dubin
for Plaintiff-Appellant

Jennifer M. Yusi
for Defendants-Appellees






1.     The Honorable Eden Elizabeth Hifo presided.