Background
Robert Raymond Tongg appealed in a matter originating in the Circuit Court of the Second Circuit, Case No. 2SP081000080. On September 10, 2026, the Hawaiʻi Intermediate Court of Appeals issued a summary disposition order.
On September 18, 2026, Tongg moved for reconsideration of that order. The court considered the motion, supporting papers, and record.
The Court’s Holding
The Intermediate Court of Appeals denied Tongg’s motion for reconsideration. It concluded that the motion did not identify any point of law or fact the court had overlooked or misapprehended.
The court applied Hawaiʻi Rules of Appellate Procedure Rule 40(b). The order does not revisit or describe the merits of the September 10 summary disposition order.
Key Takeaways
- Reconsideration requires a showing that the court overlooked or misapprehended a point of law or fact.
- Tongg’s motion did not satisfy that standard.
- The court left its September 10, 2026 summary disposition order in place.
Why It Matters
The order illustrates the limited function of appellate reconsideration under Rule 40(b): it is not granted absent a specific overlooked or misapprehended legal or factual point. Because the court gave no merits analysis beyond that conclusion, the decision is a procedural disposition rather than a substantive ruling on the underlying matter.