Chang v. Buffington

LAW L!BHAHY NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER NO, 30259 IN THE INTERMEDIATE COURT OF APPEALS oF THE STATE oF HAWAI‘I WALTER Y.C. CHANG, Individually and as Trustee under that ' certain unrecorded Trust Agreement of walter Yin Choy and SYLVIA S.W. CHANG, Chang dated August 3, 1982, Individually and as Trustee under that certain unrecorded Trust Agreement of Sylvia Seu way Chang, 1982; Plaintiffs-Appellees, v. EADEAN dated August 3, MICHIE BUFFINGTON, Defendant-Appellant/Cross~Appellee, and STEVE MONTGOMERY CROUCH, NAOMI HOKULANI CROUCH, INVESTORS FUNDING CORPORATION, HOKULANI SQUARE, INC., v Defendants-Appellees, and DOE DEFENDANTS 1-1Q§, - § ms *`¢=.~.~.»° Defendants §§ €-.. § m APPEAL FRoM THE CIRCUIT coURT oF THE FIRST cl T _";’ (c;cvIL No. 05-1-1708) 7 ° m §§ 99 2010 _,__ ‘ m ORDER DENYING JUNE l4, HRAP RULE 40 MOTION FOR RECONSIDERATION OF 2010 ORDER DISMISSING APPEAL AND CROSS~APPEAL JUNE 4, (By: Foley, Presiding Judge, Fujise and Reifurth, JJ.) Upon review of (1) the June 4, 2010 order dismissing Defendant/Appellant/Cross-Appellee Eadeen Michie Buffington's (Appellant Buffington) appeal and Third-Party Defendant/ Appellee/Cross-Appellant Integrity Escrow and Title Company, Inc., fka First Financial Title and Escrow Agency of Hawaii, Inc.'s (Cross~Appellant IETCI)/ cross-appeal from the Honorable Robert J. Farris's December 2, 2009 "Order Granting Plaintiffs' Petition for Determination of Good Faith Settlement Pursuant to Haw. Rev. State. § 663-15.5 Filed on July 21, 2009" (the December 2, 2009 United States Bankruptcy Court order) in Case No. 07- 00504 in the United States Bankruptcy Court for the District of (2) Appellant Buffington and Cross-Appellant IETCI's June Hawaii, 14, 2010 motion to reconsider the June 4, 2010 order of dismissal pursuant to Rule 40 of the Hawafi Rules of Appellate Procedure NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER (HRAP) and (3) the record, it appears that we did not overlook or misapprehend any points of law or fact when we entered then June 4, 2010 order of dismissal. Therefore, IT IS HEREBY ORDERED_that Appellant Buffington and Cross-Appellant IETCI's June 14, 2010 HRAP Rule 40 motion to reconsider the June 4, 2010 order of dismissal is denied. DATED: Honolulu, HawaiHq June 2l, 20lO. Presiding Judge Associate Judge ~ :P)w/\xrr\w~m€ll)¢-/”‘L Associate Judge