Middleton v. Kibe
This text of Middleton v. Kibe (Middleton v. Kibe) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-11-0000751 22-NOV-2011 12:34 PM
NO. SCPW-11-0000751
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
WILLIAM MIDDLETON, Petitioner,
vs.
THE HONORABLE GERALD H. KIBE, JUDGE OF THE DISTRICT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CIVIL NO. 1SC11-1-1620)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of the motion for reconsideration of
the October 31, 2011 order denying the petition for a writ of
mandamus, it appears that the motion for reconsideration -- filed
on November 21, 2011 -- was not filed within 10 days after the
filing of the October 31, 2011 order. See HRAP 40(a) ("A motion
for reconsideration may be filed by a party only within 10 days
after the filing of the opinion, dispositional order, or ruling
unless by special leave additional time is granted during such
period by a judge or justice of the appellate court involved.").
Therefore,
IT IS HEREBY ORDERED that the motion for
reconsideration is denied as untimely.
DATED: Honolulu, Hawai'i, November 22, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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