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CNH Capital America, LLC v. Enriquez

Intermediate Court of Appeals of Hawaii

July 15, 2013

CNH CAPITAL AMERICA, LLC, a Delaware Limited Liability Corporation, Plaintiff/Counterclaim-Defendant/Appellee,
v.
BENNY ENRIQUEZ, JR. and LORI ENRIQUEZ, Defendants/Counterclaim Plaintiffs/Appellants, and John Does 1-20, et al., Defendants BENNY ENRIQUEZ, JR. and LORI ENRIQUEZ, Defendants/Third-Party Plaintiffs/Appellants
v.
ALLIED MACHINERY CORPORATION, Third-Party Defendant/Appellee

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 10-1-179)

Nakamura, C.J., Foley and Ginoza, JJ.

ORDER DENYING THE JULY 10, 2013 MOTION FOR RECONSIDERATION AND TO REINSTATE APPEAL

Upon review of the Motion for Reconsideration and to Reinstate Appeal, filed July 10, 2013, by Defendants/Third-Party Plaintiffs/Appellants Benny Enriquez, Jr. and Lori Enriquez (Appellants), through counsel Robin R. Horner, the papers in support, and the record, it appears that (1) Appellants seek reconsideration of the June 28, 2013 order dismissing the appeal pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 30, and to reinstate the appeal; (2) HRAP Rule 40(a) provides a party-may file a motion for reconsideration "only within 10 days after the filing of the . . . dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved"; and (3) Appellants filed the instant motion for reconsideration beyond ten (10) days after the June 28, 2013 order, without leave to file a late motion. Therefore,

IT IS HEREBY ORDERED that the Motion for Reconsideration and to Reinstate Appeal is denied as untimely.


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