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 4,
2009 MOTION TO RECONSIDER
JANUARY 26,
2009 DISMISSAL ORDER AND DENYING
APPELLANT LANSING'S
FEBRUARY 6, 2009 MOTION TO REINSTATE APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of (1) the January 26, 2009 order dismissing this appeal,
(2) Plaintiff/Counterclaim-Defendant/ Appellant
Olga M. Lansing's (Appellant Lansing) February 4, 2009 motion to
reconsider the January 26, 2009 order dismissing this
appeal pursuant to Rule 40 of the Hawai‘i Rules of Appellate Procedure
(HRAP), (3) Appellant Lansing's February 6, 2009
"Motion to Reinstate Appeal[,]" and (4) the record, it appears that we
have not overlooked or misapprehended any point of
law or fact. We further note that the ten-day deadline for a motion for
relief from the January 26, 2009 order dismissing
this appeal pursuant to HRAP Rule 40 expired on February 5, 2009.
Therefore, IT IS
HEREBY ORDERED that Appellant Lansing's February 4, 2009 HRAP Rule
40 motion to reconsider the
January 26, 2009 order dismissing this appeal is denied, and
Appellant Lansing's February 6, 2009 "Motion to Reinstate
Appeal" is denied. (1)
DATED: Honolulu,
Hawai‘i, February 11, 2009.
1.
In light of Plaintiff/Counterclaim-Defendant/Appellant
Olga M. Lansing's assertion that the circuit court has recently filed a
February 4, 2009
amended judgment, we note that our dismissal of appellate court case
number 29341 is without prejudice to any party's right to file, in the
circuit
court, a timely notice of appeal from the February 4, 2009 amended
judgment.