Choi v. Association of Apartment Owners of Queen Emma Gardens — court denies untimely reconsideration request

Case
Hye Ja Choi v. Association of Apartment Owners of Queen Emma Gardens and Touchstone Properties Ltd.
Court
Hawaii Intermediate Court of Appeals
Judge
Clyde J. Wadsworth (David Y. Ige, 2019); Sonja M.P. McCullen (David Ige, 2021)
Date Decided
August 3, 2026
Docket No.
CAAP-25-0000056
Topics
appellate procedure, reconsideration, timeliness
Source
Read the full opinion

Background

Self-represented plaintiff-appellant Hye Ja Choi appealed from a First Circuit Court case involving the Association of Apartment Owners of Queen Emma Gardens and Touchstone Properties Ltd. The Intermediate Court of Appeals issued a summary disposition order on July 15, 2026.

On July 27, 2026, Choi sought a 10-day extension of the reconsideration period. She then filed a motion seeking reconsideration early the next morning, July 28.

The Court’s Holding

The Intermediate Court of Appeals denied Choi’s motion for reconsideration. It held that the motion was untimely.

The court further held that, even if it treated the motion as timely, Choi had not offered new evidence or arguments unavailable when she filed her amended opening brief. Nor had she identified a point of law or fact the court overlooked or misapprehended under Hawaiʻi Rules of Appellate Procedure Rule 40(b).

Key Takeaways

  • A motion for reconsideration must be timely filed.
  • Reconsideration is not a vehicle for relitigating matters previously available for presentation.
  • The movant must identify new material or a law or fact the appellate court overlooked or misapprehended.

Why It Matters

The order reinforces the narrow role of appellate reconsideration in Hawaiʻi. Litigants must raise available arguments in their briefing and cannot use reconsideration to revisit old matters.

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