Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-MAR-2024 08:37 AM Dkt. 129 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I

WALTER L. WAGNER, Plaintiff-Appellant, v. WORLD BOTANICAL GARDENS, INC., Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CC041000232)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Wadsworth, Presiding Judge, Nakasone and Guidry, JJ.)

Upon consideration of Plaintiff-Appellant Walter L.

Wagner's (Wagner) "Appellant's [Hawaiʻi Rules of Appellate Procedure (HRAP)] Rule 40 Motion for Reconsideration" (Motion for Reconsideration) filed on March 9, 2024, it appears that: (1) Wagner moves for reconsideration of the court's Summary Disposition Order, filed on February 29, 2024; (2) The Motion for Reconsideration presents no point of law or material fact that this court overlooked or misapprehended. See HRAP Rule 40(b).

Therefore, IT IS HEREBY ORDERED that the Motion for Reconsideration is denied.

DATED: Honolulu, Hawaiʻi, March 14, 2024.

/s/ Clyde J. Wadsworth Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Kimberly T. Guidry Associate Judge