Colony Surf, Ltd. v. Pohaku Funding and Investment Corporation
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*** NO T FO R PUBLICATION *** NO. 25842 IN THE SUPREME COURT OF THE STATE OF HAWAI#I COLONY SURF, LTD., a Hawai#i corporation, Plaintiff-Appellee vs. 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 APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 01-1-3380) (By: 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, *** NO T FO R PUBLICATION *** IT IS HEREBY ORDERED that Appellant Pohaku Funding and Investment Corporation s December 9, 2003 motion for reconsideration is denied. DATED: Honolulu, Hawai#i, December 17, 2003. 2
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