Stephens v. Deutsch

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
18-DEC-2025
08:02 AM
Dkt. 30 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

TREVOR STEPHENS, Plaintiff/Counterclaim Defendant-Appellee, v.
ARON DEUTSCH and EMILY WESSEL, Defendants/Counterclaimants/
Third-Party Plaintiffs-Appellants,
and
SHERRY MATTOS, Third-Party Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DRC-XX-XXXXXXX)

ORDER
(By: Leonard, Presiding Judge, and Hiraoka and Guidry, JJ.)

Upon consideration of self-represented Defendants/
Counterclaimants/Third-Party Plaintiffs-Appellants Aron Deutsch
and Emily Wessel's (together, Appellants) December 10, 2025
Motion to Set Aside Dismissal, which the court construes as a
motion for reconsideration of the May 13, 2025 Order Dismissing
Appeal, the papers in support, and the record,1 IT IS HEREBY
ORDERED as follows:
1. The motion for reconsideration is dismissed as
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 . . . .").

1
The court did not consider Plaintiff/Counterclaim Defendant-Appellee
Trevor Stephens' December 15, 2025 memorandum in opposition to the Motion to
Set Aside Dismissal, because the court construed the motion as a motion for
reconsideration, to which a response is not permitted unless requested by the
court. Hawai#i Rules of Appellate Procedure (HRAP) Rule 40(c).
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

2. The appellate clerk shall refund to Appellants the
appellate filing fees received on December 8, 2025.

DATED: Honolulu, Hawai#i, December 18, 2025.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

2