U.S. Bank Trust National Association v. Thomas — Reconsideration and transcript request denied

Case
U.S. Bank Trust National Association, as Trustee of the Chalet Series IV Trust v. Rosy Esprecion Thomas, et al.
Court
Hawaii Intermediate Court of Appeals
Judge
Karen T. Nakasone (David Y. Ige, 2020); Katherine G. Leonard (Linda Lingle, 2008); Keith K. Hiraoka (David Y. Ige, 2018)
Date Decided
October 21, 2026
Docket No.
CAAP-24-0000837
Topics
Reconsideration, Appellate Procedure, Transcript Request
Source
Read the full opinion

Background

Rosy Esprecion Thomas appealed from proceedings in Civil No. 1CC161001976 in the Circuit Court of the First Circuit.

On October 19, 2026, Thomas moved for reconsideration of the Hawaii Intermediate Court of Appeals’ October 8, 2026 summary disposition order. She alternatively requested leave to order a transcript of proceedings.

The Court’s Holding

The court denied reconsideration. After considering the motion, supporting papers, and record, it concluded that Thomas presented no point of law or fact that the court had overlooked or misapprehended under Rule 40(b) of the Hawaii Rules of Appellate Procedure.

The court also denied Thomas’s alternative request for leave to order a transcript, ruling that the request was untimely.

Key Takeaways

  • Thomas identified no point of law or fact that the appellate court had overlooked or misapprehended.
  • The court denied her motion to reconsider its October 8, 2026 summary disposition order.
  • The court separately denied her alternative transcript request as untimely.

Why It Matters

The order applies Hawaii’s appellate reconsideration standard to require an overlooked or misapprehended point of law or fact. It also shows that an untimely request for leave to order a transcript may be denied.

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