NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-DEC-2025 07:57 AM Dkt. 194 ODMR

NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I W.G., Plaintiff-Appellee, v. D.S., Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT HILO DIVISION (CASE NO. 3DV121000235)

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

Upon consideration of the 2025.12.1 ICA Motion for Reconsideration (Motion), filed on December 1, 2025, by self- represented Defendant-Appellant D.S. (Appellant), and the record, it appears that: (1) Appellant seeks reconsideration of this court's Summary Disposition Order, filed on November 25, 2025;1/ (2) Appellant does not present new evidence or arguments that could not have been presented in the opening brief, filed on July 2, 2025, 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) Appellant presents no point of law or fact that this court overlooked or misapprehended. See Hawai#i Rules of Appellate Procedure Rule 40(b).

1/ We note that Appellant prevailed on appeal inasmuch as we vacated the disputed custody order, which is the only relief we could grant in these circumstances.

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Motion is denied.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, December 10, 2025.

/s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Kimberly T. Guidry Associate Judge