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Bg Incorporated, A Hawaii Corporation v. P.F. Three Partners

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


January 26, 2012

BG INCORPORATED, A HAWAII CORPORATION, BRYAN FUNAI, AND CYNTHIA J. FUNAI, PLAINTIFFS/COUNTERCLAIM-DEFENDANTS/APPELLEES, AND BARBARA SUMIDA, STANLEY UNTEN, ET AL., DEFENDANTS/CROSS-CLAIM DEFENDANTS/APPELLEES,
v.
P.F. THREE PARTNERS, DEFENDANT-APPELLANT, AND WILLIAM S. ELLIS, JR, DEFENDANT/COUNTERCLAIM-PLAINTIFF/CROSS-CLAIM PLAINTIFF/APPELLANT, AND UPLAND INVENSTMENTS, LTD. AND OLINDA LAND CORPORATION, DEFENDANTS/CROSS-CLAIM DEFENDANTS/APPELLEES

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 05-1-0232(2))

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

AMENDED ORDER DENYING JANUARY 23, 2012 HRAP RULE 40 MOTION FOR RECONSIDERATION OF JANUARY 17, 2012 DISMISSAL ORDER

(By: Nakamura, Chief Judge, Foley and Reifurth, JJ.)

Upon review of (1) the January 17, 2012 order dismissing Appeal No. CAAP-11-0000781 for lack of jurisdiction, (2) Defendant/Counterclaim-Plaintiff/Cross-Claim Plaintiff/ Appellant William S. Ellis, Jr.'s (Appellant Ellis), January 23, 2012 motion to reconsider the January 17, 2012 dismissal order pursuant to Rule 40 of the Hawaii Rules of Appellate Procedure (HRAP), and (3) the record, it appears that we did not overlook or misapprehend any points of law or fact when we entered the January 17, 2012 order dismissing Appeal No. CAAP-11-0000781 for lack of jurisdiction. Therefore,

IT IS HEREBY ORDERED that Appellant Ellis's January 23, 2012 HRAP Rule 40 motion for reconsideration of the January 17, 2012 dismissal order is denied.

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