Wilmington Savings Fund Society v. Ryan
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In this foreclosure action, the Supreme Court vacated the judgment of the intermediate court of appeals (ICA) concluding that the circuit court did not abuse its discretion by denying Appellants' motion to extend time to file notice of appeal, holding that the circuit court abused its discretion by denying Appellants' appeal extension motion.
On appeal, Appellants asserted that they were deprived of an opportunity to timely file a notice of appeal from the order denying foreclosure reconsideration because the circuit court staff provided incorrect information leading Appellants to believe that the thirty days to file the notice of appeal had not yet begun tolling. The ICA affirmed. The Supreme Court vacated the ICA's judgment, holding (1) Haw. R. App. P. 4(a)(4)(B) motions to extend time for filing a notice of appeal are not properly filed as ex parte motions; (2) under the circumstances of this case, Appellants' motion to advance the hearing on their HRAP Rule 4(a)(4)(B) hearing motion should have been granted; and (3) therefore, Appellants' notice of appeal was effective as to all issues on appeal over which the ICA had appellate jurisdiction based on Appellants' timely appeal of the circuit court's order denying reconsideration of the order granting summary judgment and foreclosure judgment.
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