Clemens v. Pali's Pools LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: February 3, 2026
• Docket: CAAP-25-0000519
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-FEB-2026 08:08 AM Dkt. 34 ODSMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

CHRISTIAN P. CLEMENS, Claimant-Appellee/Appellee, v. PALI'S POOLS LLC, Employer-Appellant/Appellant, Delinquent, and SPECIAL COMPENSATION FUND, Appellee-Appellee.

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2025-041; DCD NO. 2-2024-321025))

ORDER DISMISSING MOTION FOR RECONSIDERATION (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.) Upon consideration of Employer/Appellant-Appellant Pali's Pools, LLC's (Pali's Pools) January 26, 2026 Motion for Relief from Order Dismissing Appeal and to Reinstate Appeal Due to Excusable Neglect (Motion for Reconsideration), the papers in support, and the record, 1 it appears that: (1) Pali's Pools, self-represented through its owner, Paul Norris (Norris), seeks reconsideration of the December 23, 2025 Order Dismissing Appeal;

1 The court did not consider self-represented Claimant/Appellee- Appellee Christian P. Clemens's January 28, 2026 Memorandum in Opposition to Employer-Appellant's Motion to Reinstate Appeal, because a response to a motion for reconsideration is not permitted unless requested by the court. Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 40(c). NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

(2) Norris is not a licensed attorney and may not represent his limited liability company, Pali's Pools, in this appeal. See Hawaiʻi Revised Statutes §§ 605-2, 605-14 (2016); Oahu Plumbing & Sheet Metal, Ltd. v. Kona Constr., Inc., 60 Haw. 372, 377, 590 P.2d 570, 574 (1979) ("non-attorney agents are not allowed to represent corporations in litigation"); Kailua 50 LLC v. Ichida Kemp, No. CAAP-XX-XXXXXXX, 2020 WL 429323, at *1 (Haw. App. Jan. 28, 2020) (SDO) (holding a non-attorney is not allowed to represent a limited liability company in litigation); and (3) A motion for reconsideration of the December 23, 2025 order was due on or before January 2, 2026. See HRAP Rule 40(a) ("A motion for reconsideration may be filed by a party only within 10 days after the filing of the . . . dispositional order, or ruling . . . ."). Therefore, IT IS HEREBY ORDERED that the Motion for Reconsideration is dismissed as unauthorized and untimely. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawaiʻi, February 3, 2026.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimbery T. Guidry Associate Judge