Electronically Filed
Supreme Court
SCPW-11-0000012
10-FEB-2011
02:59 PM
NO. SCPW-11-0000012
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
EDWARD A. SMITH, Petitioner,
vs.
THE HONORABLE DERRICK H.M. CHAN, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(P. NO. 88-0030)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy,
and Circuit Judge McKenna, assigned by reason of vacancy)
Upon consideration of Edward A. Smith's papers received
on February 7, 2011 and filed on February 8, 2011, which are
deemed a motion for reconsideration of the January 18, 2011 order
denying the petition for a writ of mandamus, it appears that the
motion for reconsideration is untimely. See HRAP 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."). Therefore,
IT IS HEREBY ORDERED that the motion for
reconsideration is dismissed.
DATED: Honolulu, Hawai#i, February 10, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
2