Malagodi v. Nice

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
03-MAY-2024
07:49 AM
Dkt. 52 ODMR
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MARK MALAGODI and JANET JOHNSTON,
Plaintiffs/Counterclaim Defendants-Appellees, v.
CAMERON E. NICE and MARTHA J. JACOBSEN,
aka MARTHA J. JACOBSEN-NICE,
Defendants/Counterclaimants-Appellants, and
AMERICAN SAVINGS BANK, F.S.B.,
a Federal Savings Bank, Defendant-Appellee, and
JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20;
DOE CORPORATIONS 1-20; and DOE ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 5CCV-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)
Upon consideration of the Motion for Reconsideration
and Motion for immediate Relief from Judgements [sic], filed
April 29, 2024, by self-represented Defendants/Counterclaimants-
Appellants Cameron E. Nice and Martha J. Jacobsen aka Martha J.
Jacobsen-Nice (together, Nice Parties), the papers in support,
and the record, it appears that:
(1) The Nice Parties seek reconsideration of the April
26, 2024 order dismissing the motions they filed on March 25,
2024. The Nice Parties also seek "immediate relief from
judgments" and to dismiss with prejudice the complaint filed in
the underlying case, 5CCV-XX-XXXXXXX; and
(2) The Nice Parties fail to demonstrate the court
overlooked or misapprehended any point of law or fact in the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

April 26, 2024 order. Hawai i Rules of Appellate Procedure Rule
40(b). In addition, because the court dismissed this appeal for
lack of jurisdiction on June 26, 2023, it will dismiss the Nice
Parties claims for relief in the Motion for immediate Relief from
Judgements [sic].
Therefore, IT IS HEREBY ORDERED that the Motion for
Reconsideration is denied and the Motion for immediate Relief
from Judgements [sic] is dismissed.
DATED: Honolulu, Hawai i, May 3, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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