Salem v. The County of Maui ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-MAY-2022 07:47 AM Dkt. 71 ODMR NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CHRISTOPHER SALEM, Requestor-Appellant, v. THE COUNTY OF MAUI; THE COUNTY OF MAUI, by and through WILLIAM SPENCE, as DIRECTOR OF PLANNING, and BRIAN BILBERRY, DEPUTY CORPORATION COUNSEL WITH THE DEPARTMENT OF CORPORATION COUNSEL, Defendants-Appellees APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 17-1-0208) ORDER DENYING MOTION FOR RECONSIDERATION (By: Ginoza, C.J., and Wadsworth and Nakasone, JJ.) Upon consideration of the May 10, 2022 Motion for Reconsideration filed by self-represented Requestor-Appellant Christopher Salem (Appellant), the papers in support, and the record, and the May 11, 2022 "Letter to the Honorable Court" filed by Appellant, which we construe as a motion for leave to file the Motion for Reconsideration one day late (Motion for Leave), and the papers in support, it appears that: (1) Appellant requests reconsideration of this court's Summary Disposition Order, filed on April 29, 2022; (2) Appellant did not file the Motion for Reconsideration on or before May 9, 2022, i.e., within ten days after the filing of the Summary Disposition Order, as required by Hawai#i Rules of Appellate Procedure (HRAP) Rule 40; (3) Appellant requests that we accept the late-filed Motion for Reconsideration due to electronic "filing challenges" NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER that Appellant encountered on the evening of May 9, 2022, and in light of his self-represented status; and (4) This court did not overlook or misapprehend any point of law or fact when it issued its April 29, 2022 Summary Disposition Order. See HRAP Rule 40(b). Therefore, IT IS HEREBY ORDERED that the Motion for Leave is granted. IT IS FURTHER ORDERED that the Motion for Reconsideration is denied. DATED: Honolulu, Hawai#i, May 19, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge 2