NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-OCT-2024 08:31 AM Dkt. 244 ODMR

NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee/Cross-Appellant, v. PETER GREWER, Defendant-Appellant/Cross-Appellee APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CPC-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Wadsworth, Presiding Judge, and Guidry, J., and McCullen, J., dissenting) Upon consideration of the motion for reconsideration (Motion), filed on September 6, 2024, by Plaintiff-Appellee/ Cross-Appellant State of Hawai#i (State), the papers in support, and the record, it appears that: (1) The State seeks reconsideration of this court's Summary Disposition Order filed on August 29, 2024; (2) The State does not present new evidence or arguments that could not have been presented in its answering brief, filed on September 23, 2022, see Citizens for Equitable & Responsible Gov't v. Cnty. of Hawai#i, 108 Hawai#i 318, 335, 120 P.3d 217, 234 (2005); and (3) The State presents no point of law or fact that this court overlooked or misapprehended. See Hawai#i Rules of Appellate Procedure Rule 40(b).

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Motion is denied.

DATED: Honolulu, Hawai#i, October 4, 2024.

/s/ Clyde J. Wadsworth Presiding, J Judge

/s/ Kimberly T. Guidry Associate Judge

I would grant the Motion, therefore, I respectfully dissent.

/s/ Sonja M.P. McCullen Associate Judge