Bolomet v. RLI Insurance Company

LAW Lsss;asv NO. 29798 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAfI PASCAL C. BOLOMET and RQUTH T. BOLOMET, Plaintiffs-Appellants, v. RLI INSURANCE COMPANY, JAMES G. McLEAN, and ANNE L. MCLEAN, Defendants-Appellees, mg :6 HV ¢g`- H<.W D!EZ and JOHN AND JANE DOES 1-50; DOE ENTITIES 1-50, - Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CiVil NO. 05-1~2222-12 (BIA)) ORDER DENYING MARCH 24, 2010 HRAP RULE 40 MOTION TO RECONSIDER MARCH l5, 2010 ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Nakamura, Chief Judge, Foley, and Fujise, JJ.) Upon review of (l) the August 26, 2009 order dismissing appellate court case number 29798 for lack of jurisdiction, (2) a September 3, 2009 motion by Plaintiffs-Appellants Pascal C. Bolomet and Routh T. Bolomet (the Bolomet Appellants) reconsideration of the August 26, for 2009 order dismissing appellate court case number 29798 pursuant to Rule 40 of the Hawafi Rules of Appellate Procedure (HRAP), (3) the September 11, 2009 order granting the Bolomet Appellants' September 3, 2009 HRAP Rule 40 motion for reconsideration of the August 26, 2009 order dismissing appellate court case number 29798, and remanding this case to the circuit court with instructions to hold a hearing on issues relating to the timeliness of the Bolomet Appellants' notice of appeal, (4) the Honorable Derrick H. M. Chan's December 29, 2009 findings of fact, conclusions of law, decision and order on the issues relating to the timeliness of the Bolomet Appellants' appeal, (5) the March l5, 2010 order dismissing appellate court case number 29798 for lack of jurisdiction, G'.?.'\\J (6) the Bolomet Appellants' March 24, 2010 HRAP Rule 40 motion to reconsider the March l5, 2010 order dismissing appellate court case number 29798 for lack of jurisdiction, and (7) the record, it appears that we did not overlook or misapprehend any points of law or fact when we entered the March l5, 2010 order dismissing appellate court case number 29798 for lack of jurisdiction. Therefore, IT IS HEREBY ORDERED that the Bolomet Appellants' March 24, 2010 HRAP Rule 40 motion to reconsider the March l5, 2010 order dismissing appellate court case number 29798 for lack of jurisdiction is denied. DATED: Honolulu, Hawafi, April 5, 20l0. On the motion: ' ]// Pascal & Routh Bolomet Chief Judge Plaintiffs~Appellants Pro Se § Associate Judge Associate Jud