Hofelich v. State

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-FEB-2024
08:02 AM
Dkt. 199 ORD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

HOWARD HOFELICH, Plaintiff-Appellant, v.
STATE OF HAWAII, DCCA and DLNR; DENNIS KRUEGER, ESQ.;
ASHFORD & WRISTON LAW CORPORATION; DAVID KAAPU, ESQ.;
STEPHEN D. WHITTAKER, ESQ.; CARL VINCENTI;
JUNG & VASSAR LAW CORPORATION; RONALD IBARRA;
UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER (USCGVDC);
DAVID LAWTON, ESQ., Defendants-Appellees, and
DOE CORPORATIONS 1-10; JOHN DOES 1-10; JANE DOES 1-10;
GOVERNMENTAL ENTITIES 1-10; DOE PARTNERSHIPS 1-10;
DOE LLC CORPORATIONS 1-10, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER GRANTING IN PART AND DENYING IN PART
MOTION FOR RECONSIDERATION
(By: Leonard, Acting Chief Judge, Wadsworth and Nakasone, JJ.)
Upon consideration of self-represented Defendant-
Appellee Stephen D. Whittaker's (Whittaker) February 14, 2024
Motion for Reconsideration of Notice of Default of Answering
Brief (ND4) Filed February 14, 2024 (Motion), which the court
construes as a motion for reconsideration of the February 14,
2024 Order, the papers in support, and the record, it appears
that Whittaker seeks reconsideration of the portion of the
February 14, 2024 Order wherein the court found Whittaker in
default of the answering brief and ordered the appellate clerk to
enter default of Whittaker's answering brief.
Alternatively, Whittaker seeks to join the answering
briefs filed by Defendant-Appellee Jung & Vassar, P.C.,
Defendant-Appellee State of Hawai i and Defendant-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Ashford & Wriston Law Corporation. Whittaker fails to
demonstrate that the court overlooked or misapprehended any point
of law or fact. Hawai i Rules of Appellate Procedure Rule 40(b).
Therefore, IT IS HEREBY ORDERED that the Motion is
granted in part and denied in part as follows:
1. We construe the Motion as seeking relief from
default for failure to file an answering brief.
2. Whittaker's request to join the answering briefs
of Defendant-Appellee Jung & Vassar, P.C., Defendant-Appellee
State of Hawai i and Defendant-Appellee Ashford & Wriston Law
Corporation is therefore granted and the Joinder filed on
February 14, 2024 is accepted.
3. All other requested relief is denied.
DATED: Honolulu, Hawai i, February 23, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Karen T. Nakasone
Associate Judge

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