NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 28416
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
Upon review of (1) the May 9, 2007 order dismissing the appeal of Defendant-Appellant Gomes School Bus Service, Ltd. (Appellant Gomes School Bus Service) from Plaintiff-Appellee Public Utilities Commission's (Appellee PUC) December 28, 2006 Citation Order No. 443 (the dismissal order); (2) Kenneth William LeVasseur's (LeVasseur) May 21, 2007 motion for reconsideration of the dismissal order pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 40; (3) Appellee PUC's lack of any opposition to Kenneth William LeVasseur's May 21, 2007 HRAP Rule 40 motion for reconsideration of the dismissal order; and (4) the record, we will allow Appellant Gomes School Bus Service to proceed with its appeal in light of Hawaii Administrative Rules § 6-12-12 (2006) under the condition that Appellant Gomes School Bus Service immediately retain an attorney who is licensed to practice law in Hawai`i for all of Appellant Gomes School Bus Service's future filing of documents with this court and appearances before this court. Therefore,
IT IS HEREBY ORDERED that Kenneth William LeVasseur's May 21, 2007 HRAP Rule 40 motion for reconsideration of the May 9, 2007 dismissal order is granted, and appellate court case No. 28416 is reinstated as an appeal before this court under the condition that Appellant Gomes School Bus Service shall immediately retain an attorney who is licensed to practice law in Hawai`i for all of Appellant Gomes School Bus Service's future filing of documents with this court and appearances before this court. The parties shall proceed with the current schedule for their filing of appellate briefs in appellate court case No. 28416.
DATED: Honolulu, Hawai`i, May 31, 2007.