Stephens v. Deutsch

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-APR-2025 08:14 AM Dkt. 14 ODMR NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TREVOR STEPHENS, Plaintiff-Appellee, v. ARON DEUTSCH and EMILY WESSEL, Defendants-Appellants

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION (CASE NO. 3DRC-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.) On March 28, 2025, self-represented Defendants-

Appellants Aron Deutsch and Emily Wessel (together, Tenants)

filed a Motion to Reconsider and Reinstate (Motion). The Motion

requests reconsideration of our February 5, 2025 Order Dismissing

Appeal for Lack of Jurisdiction. Alternatively, Tenants request

leave to file another appeal to seek review of a January 15, 2025

interlocutory order of the District Court of the Third Circuit,

Kona Division.

Hawai i Rules of Appellate Procedure Rule 40(a)

provides that a motion for reconsideration may be filed by a

party only within ten days after the filing of the order. To the

extent that Tenants seek reconsideration of our February 5, 2025

order, the Motion is untimely. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Tenants also seek leave to file another appeal to

obtain appellate review of the district court's January 15, 2025

interlocutory order. That request is not properly before this

court and must be denied. We take judicial notice, however,

under Rule 201 of the Hawai i Rules of Evidence, that on

March 25, 2025, Tenants appealed from the district court's

March 25, 2025 writ of possession and judgment for possession,

and that appeal is pending with this court in CAAP-XX-XXXXXXX.

Tenants may seek appellate review of interlocutory orders,

including the January 15, 2025 interlocutory order, in

CAAP-XX-XXXXXXX.

Therefore, IT IS HEREBY ORDERED that the Motion is

denied.

DATED: Honolulu, Hawai i, April 4, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Kimberly T. Guidry Associate Judge