Prudential Locations, LLC v. Gagnon

Opinion

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-JUL-2020 07:57 AM

NO. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CAAP-XX-XXXXXXX PRUDENTIAL LOCATIONS, LLC, Plaintiff-Appellant, v. LORNA GAGNON, PRESTIGE REALTY GROUP LIMITED LIABILITY COMPANY, Defendants/Cross-Claim Defendants-Appellees, and RE/MAX LLC, LORRAINE CLAWSON, Defendants/Cross-Claimants/Third-Party Plaintiffs-Appellees, and KEVIN TENGAN, Third-Party Defendant-Appellee, and DOES 1-15, Defendants

and

CAAP-XX-XXXXXXX PRUDENTIAL LOCATIONS, LLC, Plaintiff-Appellant, v. LORNA GAGNON, PRESTIGE REALTY GROUP LIMITED LIABILITY COMPANY, Defendants/Cross-Claim Defendants-Appellees, and RE/MAX LLC, LORRAINE CLAWSON, Defendants/Cross-Claimants/Third-Party Plaintiffs-Appellees, and KEVIN TENGAN, Third-Party Defendant-Appellee, and DOES 1-15, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 13-1-2328)

ORDER DISMISSING MOTION FOR RECONSIDERATION (By: Ginoza, Chief Judge, and Hiraoka, J.1)

1 Associate Judge Alexa D.M. Fujise, who was a member of the panel for this appeal, has retired with her last day on the court being April 30, 2020. Upon review of the record, it appears that: 1. On June 26, 2020, we entered an order granting in part and denying in part the motion for fees and costs filed by Plaintiff-Appellant Prudential Locations, LLC (Locations), with- out prejudice to Locations filing a motion for reconsideration of certain issues; 2. On July 6, 2020, Locations filed a timely motion for reconsideration of our June 26, 2020 order; 3. On July 8, 2020, Defendants-Appellees Lorna Gagnon and Prestige Realty Group Limited Liability Company (collective- ly, Gagnon) filed an application for writ of certiorari with the Hawai#i Supreme Court; 4. "[J]urisdiction divests to the supreme court upon an application for writ of certiorari[.]" Christiansen v. First Ins. Co. of Hawaii, Ltd., 88 Hawai#i 136, 140, 963 P.2d 345, 349 (1998); and 5. Consequently, we no longer have appellate juris- diction over appellate court case numbers CAAP–16–0000890 and CAAP–17–0000216 (consolidated), and we cannot rule on the merits of Location's July 6, 2020 motion for reconsideration. Therefore, IT IS HEREBY ORDERED that Locations' July 6, 2020 motion for reconsideration is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, July 10, 2020.

/s/ Lisa M. Ginoza Chief Judge

/s/ Keith K. Hiraoka Associate Judge