Background
Hye Ja Choi appealed from a December 31, 2024 judgment of the Circuit Court of the First Circuit in her case against the Association of Apartment Owners of Queen Emma Gardens and Touchstone Properties Ltd.
On July 15, 2026, the Hawaii Intermediate Court of Appeals affirmed that judgment in a summary disposition order. Choi then sought reconsideration, and the court denied that request on August 3, 2026.
The Court’s Holding
The Intermediate Court of Appeals denied Choi’s August 14, 2026 motion, which again sought reconsideration of both the July 15 summary disposition order and the August 3 order denying reconsideration.
Under Hawaii Rules of Appellate Procedure Rule 40(e), Choi was permitted to file only one motion for reconsideration. Because she had already filed one, the court denied the later motion.
Key Takeaways
- An appellate party is permitted only one motion for reconsideration under Hawaii Rules of Appellate Procedure Rule 40(e).
- A second request to reconsider the same appellate disposition is barred even if it also challenges the order denying the first request.
- The underlying circuit-court judgment remained affirmed.
Why It Matters
The order enforces the finality limits on appellate reconsideration. Once an appellate court has resolved a party’s single permitted reconsideration motion, further reconsideration requests cannot be used to relitigate the disposition.