October 18, 2013
MATHEW S. MIKELSON, Petitioner/Plaintiff-Appellee,
UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000535; CIV. NO. 99-1856-05)
Gregory W. Kugle and Tred R. Eyerly, for petitioner
Kevin P.H. Sumida and Ward F.N. Fujimoto, for respondent
Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.
ORDER DENYING MOTION FOR PARTIAL RECONSIDERATION
Upon consideration of Petitioner/Plaintiff-Appellee Mathew S. Mikelson's Motion for Partial Reconsideration of Amended Order Accepting Application for Writ of Certiorari, Vacating in Part Intermediate Court of Appeals' Judgment on Appeal and Remanding to Intermediate Court of Appeals (Motion), filed on October 11, 2013, the documents attached thereto and the record, it is noted that generally a motion for reconsideration of an acceptance of an application for writ of certiorari would be dismissed. See Hawai'i Rules of Appellate Procedure (HRAP) Rule 40.1(h).
However, in light of the nature of the court's October 3, 2013 amended order accepting Mikelson's application for writ of certiorari, the Motion was considered pursuant to HRAP Rule 40(a). Accordingly, based upon consideration of the Motion under HRAP Rule 40(a),
IT IS HEREBY ORDERED that the Motion is denied.