Background
Bank of New York Mellon brought the underlying circuit-court action against Jose Baylon Ona and Marlene Espinosa Ona, who asserted counterclaims and later appealed. The appeal arose from the Circuit Court of the First Circuit in Case No. 1CC161001671.
On June 30, 2026, the Intermediate Court of Appeals dismissed the appeal. The self-represented Onas subsequently filed a July 14, 2026 motion asking the court to reinstate the appeal, vacate the dismissal order, restore the appellate deadlines, and grant other appropriate relief. The court construed that filing as a motion for reconsideration.
The Court’s Holding
The Intermediate Court of Appeals granted reconsideration and reinstated the appeal under Hawaiʻi Rules of Appellate Procedure Rules 26(e) and 40. The court also suspended the deadline for seeking reconsideration under HRAP Rule 2 and accepted the Onas’ motion.
The court directed the circuit court clerk to file the record on appeal within 21 days of the July 23, 2026 order. It also directed the appellate clerk to serve the order on the circuit court clerk. The order did not decide the merits of the underlying dispute.
Key Takeaways
- The court treated the self-represented appellants’ motion to reinstate as a motion for reconsideration.
- The court suspended the reconsideration deadline, accepted the motion, and reinstated the previously dismissed appeal.
- The circuit court clerk must file the appellate record within 21 days of the order.
Why It Matters
The ruling restores the Onas’ opportunity to pursue appellate review after their appeal had been dismissed. It also illustrates the appellate court’s authority under the Hawaiʻi Rules of Appellate Procedure to suspend a procedural deadline and reconsider a dismissal.
Because the order addresses only reconsideration and reinstatement, it expresses no view on the merits of the foreclosure-related claims or counterclaims in the underlying case.