NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-DEC-2025 08:02 AM Dkt. 30 ODMR NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I TREVOR STEPHENS, Plaintiff/Counterclaim Defendant-Appellee, v. ARON DEUTSCH and EMILY WESSEL, Defendants/Counterclaimants/ Third-Party Plaintiffs-Appellants, and SHERRY MATTOS, Third-Party Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CASE NO. 3DRC-XX-XXXXXXX)

ORDER (By: Leonard, Presiding Judge, and Hiraoka and Guidry, JJ.)

Upon consideration of self-represented Defendants/ Counterclaimants/Third-Party Plaintiffs-Appellants Aron Deutsch and Emily Wessel's (together, Appellants) December 10, 2025 Motion to Set Aside Dismissal, which the court construes as a motion for reconsideration of the May 13, 2025 Order Dismissing Appeal, the papers in support, and the record,1 IT IS HEREBY ORDERED as follows: 1. The motion for reconsideration is dismissed as untimely. See HRAP Rule 40(a) ("A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling . . . .").

The court did not consider Plaintiff/Counterclaim Defendant-Appellee Trevor Stephens' December 15, 2025 memorandum in opposition to the Motion to Set Aside Dismissal, because the court construed the motion as a motion for reconsideration, to which a response is not permitted unless requested by the court. Hawai#i Rules of Appellate Procedure (HRAP) Rule 40(c).

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER 2. The appellate clerk shall refund to Appellants the appellate filing fees received on December 8, 2025.

DATED: Honolulu, Hawai#i, December 18, 2025.

/s/ Katherine G. Leonard Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge