Lasing v. Jenko-Crispin (Order Denying Appellant Lansing's February 28, 2009 Motion to Reinstate the Appeal)

NO. 29341

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

OLGA MARY LANSING,
Plaintiff/Counterclaim-Defendant/Appellant

v.

NANCEE JENKO-CRISPIN,
Defendant/Counterclaim-Plaintiff/Appellee





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 06-1-1891-10)





ORDER DENYING APPELLANT LANSING'S
FEBRUARY 23, 2009 MOTION TO REINSTATE THE APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of (1) the January 26, 2009 order dismissing this appeal, (2) the February 11, 2009 order denying Plaintiff/Counterclaim-Defendant/Appellant Olga M. Lansing's (Appellant Lansing) February 4, 2009 motion to reconsider the January 26, 2009 dismissal order and denying Appellant Lansing's February 6, 2009 motion to reinstate this appeal, (3) the February 19, 2009 order denying Appellant Lansing's February 17, 2009 "Motion to Reinstate the Appeal[,]" (4) Appellant Lansing's February 23, 2009 motion to reinstate the appeal, and (5) the record, it appears that Appellant Lansing's February 23, motion to reinstate the appeal is untimely, unauthorized, and lacks merit.

Therefore, IT IS HEREBY ORDERED that Appellant Lansing's February 23, 2009 HRAP Rule 40 motion to reinstate the appeal is denied. ⁽¹⁾

DATED: Honolulu, Hawai‘i, February 27, 2009.

1.     As noted in prior orders, our dismissal of appellate court case number 29341 was without prejudice to any party's right to file a timely notice of appeal from the February 4, 2009 amended judgment.