Background
Hye Ja Choi appealed from a matter in the District Court of the First Circuit, Honolulu Division. The Intermediate Court of Appeals previously issued a summary disposition order in the appeal.
Choi moved for a 10-day extension to submit a request for reconsideration and separately moved for reconsideration of the court’s summary disposition order.
The Court’s Holding
The Intermediate Court of Appeals granted Choi’s motion for a 10-day extension and considered her reconsideration motion on its merits.
The court denied reconsideration because the motion identified no point of law or fact that the court had overlooked or misapprehended, as required by Hawaiʻi Rules of Appellate Procedure Rule 40(b).
Key Takeaways
- The court granted the requested extension of time.
- The court nevertheless reached the reconsideration motion on its merits.
- Reconsideration was denied because Choi showed no overlooked or misapprehended legal or factual point.
Why It Matters
The order illustrates that an appellate court may allow additional time to seek reconsideration while still rejecting the request when it does not meet Rule 40(b)’s standard.