COLONY SURF, LTD. v. POHAKU FUNDING INV. CORP., 25842 (Haw. 12-17-2003)

COLONY SURF, LTD., a Hawai`i corporation, Plaintiff-Appellee v. POHAKU FUNDING AND INVESTMENT CORPORATION, trustee of the 2895-201 Kalakaua Land Trust, Defendant-Appellant and KEYSTONE FINANCIAL BANK, N.A., Defendant-Appellee and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE GOVERNMENTAL ENTITIES 1-10; Defendants.

25842Supreme Court of Hawaii.
December 17, 2003.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 01-1-3380)

ORDER DENYING MOTION FOR RECONSIDERATION
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, AND DUFFY, JJ.

Upon review of (1) Defendant-Appellant Pohaku Funding and Investment Corporation’s (Appellant Pohaku Funding and Investment Corporation) December 9, 2003 motion to “vacate” our November 18, 2003 order dismissing the appeal, which we deem to be a motion for reconsideration pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure, (2) our November 18, 2003 order dismissing the appeal, and (3) the record,

IT IS HEREBY ORDERED that Appellant Pohaku Funding and Investment Corporation’s December 9, 2003 motion for reconsideration is denied.