Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
22-JUL-2021
08:37 AM
Dkt. 10 ODMR
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MARK D. CAIRES, Petitioner,
vs.
THE HONORABLE ROBERT D.S. KIM,
Judge of the Circuit Court of the Third Circuit,
State of Hawai#i, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 3PC02100157K)
ORDER DENYING MOTION FOR RECONSIDERATION
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Mark D. Caires’s
motion for reconsideration, which was submitted for filing on
July 12, 2021, and the record, the motion for reconsideration is
untimely. See HRAP Rule 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.”). Even considering the
merits of the motion, the requested relief is not warranted and
this court did not overlook or misapprehend any points of law or
fact in denying the petition for writ of mandamus. See HRAP Rule
40(b) (a motion for reconsideration “shall state with
particularity the points of law or fact that the moving party
contends the court has overlooked or misapprehended[.]”).
Accordingly,
IT IS HEREBY ORDERED that the motion for
reconsideration is denied.
DATED: Honolulu, Hawai#i, July 22, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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