Wilmington Savings Fund Society, FSB v. Domingo ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-AUG-2022
08:12 AM
Dkt. 110 OGDMR
NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
CAAP-XX-XXXXXXX
WILMINGTON SAVINGS FUND SOCIETY, FSB, DOING BUSINESS AS
CHRISTINA TRUST, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY
AS TRUSTEE FOR BCAT 2015-14BTT, Plaintiff-Appellee,
v.
ISABELO PACPACO DOMINGO; MICHELE ELANOR DOMINGO,
Defendants-Appellants,
and
BANK OF AMERICA, N.A.; HALEWILI PLACE COMMUNITY ASSOCIATION,
Defendants-Appellees,
and
JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;
DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE
GOVERNMENTAL UNITS 1-50, Defendants
AND
CAAP-XX-XXXXXXX
WILMINGTON SAVINGS FUND SOCIETY, FSB, DOING BUSINESS AS
CHRISTINA TRUST, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY
AS TRUSTEE FOR BCAT 2015-14BTT, Plaintiff-Appellee,
v.
ISABELO PACPACO DOMINGO; MICHELE ELANOR DOMINGO,
Defendants-Appellants,
and
BANK OF AMERICA, N.A.; HALEWILI PLACE COMMUNITY ASSOCIATION,
Defendants-Appellees,
and
JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;
DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE
GOVERNMENTAL UNITS 1-50, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 13-1-202K)
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
ORDER GRANTING IN PART AND
DENYING IN PART MOTION FOR RECONSIDERATION
(By: Ginoza, Chief Judge, Leonard and Nakasone, JJ.)
Upon consideration of Defendants-Appellants Isabelo
Pacpaco Domingo and Michele Elanor Domingo's (Domingos) "Motion
for Reconsideration of the Court's July 14, 2022 Summary
Disposition Order" (Motion for Reconsideration) filed on July 25,
2022, the papers in support, and the record, the court determines
that reconsideration is warranted in part regarding section II.B.
of the Summary Disposition Order and thus an Amended Summary
Disposition Order will be filed. However, reconsideration is
otherwise denied as unwarranted under Rule 40(b) of the Hawai#i
Rules of Appellate Procedure, and because the Motion for
Reconsideration asserts arguments and presents evidence that
could have but were not presented in opposition to the Motion to
Dismiss Appeal filed on April 1, 2022. See Sousaris v. Miller,
92 Hawai#i 505, 513, 993 P.2d 539, 547 (2000) ("Reconsideration
is not a device to . . . raise arguments or evidence that could
and should have been brought during the earlier proceeding.").
Therefore, IT IS HEREBY ORDERED that the Motion for
Reconsideration is granted in part and denied in part.
DATED: Honolulu, Hawai#i, August 26, 2022.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Katherine G. Leonard
Associate Judge
/s/ Karen T. Nakasone
Associate Judge
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