In re Doe

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NO. 24517 IN THE SUPREME COURT OF THE STATE OF HAWAI#I IN THE INTEREST OF JANE DOE, Born on August 13, 1986 JANE DOE, Born on September 30, 1992 JOHN DOE, Born on December 22, 1997 JOHN DOE, Born on December 2, 1999 JANE DOE, Born on January 19, 1982 Minors APPEAL FROM THE FAMILY COURT OF THE FIFTH CIRCUIT (FC-S NO. 99-0429) ORDER DENYING MOTION FOR RECONSIDERATION (By: Levinson, Nakayama, Ramil, and Acoba, JJ. and Circuit Judge Ahn, in place of Moon, C.J., recused.) Upon consideration of the motion for reconsideration of the December 19, 2001 order dismissing appeal, the papers in support and the record, it appears that the motion for reconsideration was filed on January 8, 2002, more than ten days after the order dismissing appeal was filed on December 19, 2001 and an extension of the ten-day deadline was denied. motion for reconsideration is untimely. Thus, the Even if See HRAP 40(a). the motion for reconsideration is considered on the merits, the twenty-day period for filing the HRS § 571-54 motion for reconsideration is mandatory and cannot be waived. See HRS § 571-54; In the Interest of Jane Doe, 77 Hawaii 109, 113, 883 P.2d 30, 34 (1994); In the Interest of Jane Doe, 3 Haw. App. 391, 394, 651 P.2d 492, 494 (1982). Therefore, IT IS HEREBY ORDERED that the motion for reconsideration is denied. DATED: Honolulu, Hawai#i, January 25, 2002. Caren Dennemeyer for father-appellant on the motion 2