Background
The Department of Land Management of the City and County of Honolulu, acting through its managing agent, Hawaii Affordable Properties, Inc., was the plaintiff-appellee in an appeal brought by self-represented defendant-appellant Jacquelyn Hall from the District Court of the First Circuit, ʻEwa Division.
On July 16, 2026, the Intermediate Court of Appeals dismissed Hall’s appeal. Hall later submitted a motion titled “Motion for Relief from Procedural Default, to Vacate Order Dismissing Appeal, and to Reinstate Appeal,” received on September 14 and electronically filed on September 15, 2026.
The Court’s Holding
The court construed Hall’s motion as a motion for reconsideration of its July 16 order dismissing the appeal. Under Hawaiʻi Rules of Appellate Procedure Rules 26(a) and 40(a), a reconsideration motion was due by July 27, 2026.
Because Hall’s motion was filed after that deadline, the court dismissed it as untimely. The order did not reach the merits of Hall’s request to vacate the dismissal or reinstate the appeal.
Key Takeaways
- A filing seeking relief from an appellate dismissal may be construed as a reconsideration motion based on its substance.
- A motion for reconsideration of the July 16, 2026 dismissal order was due July 27, 2026.
- The court dismissed Hall’s September 2026 filing as untimely without addressing its merits.
Why It Matters
The order underscores that litigants seeking reconsideration in Hawaiʻi appellate proceedings must comply with the applicable filing deadline. A request to set aside an appellate dismissal will not avoid that deadline merely because it is captioned as a motion for other relief.