Title Guar. Escrow Servs., Inc. v. Waialea Resort Co., Ltd.

In this dispute over a real estate transaction contract, final partial judgment and final judgment were entered against Szymanski. On September 19, 2011, Szymanski moved for reconsideration of the final partial and final judgments under Haw. R. Civ. P. 60(b). The circuit court denied the motion. On January 13, 2012, Szymanski filed a motion for reconsideration of the order denying his Rule 60(b) motion. The circuit court denied the motion on July 11, 2012. On August 10, 2012, Szymanski appealed from the order denying his Rule 60(b) motion and the order denying his motion for reconsideration. The intermediate court of appeals (ICA) dismissed the appeal as untimely because Szymanski did not file his notice of appeal within thirty days after the April 12, 2012 deemed denial of his January 13, 2012 motion for reconsideration. The Supreme Court vacated the ICA’s order dismissing the appeal for lack of jurisdiction because when a timely post-judgment tolling motion is deemed denied, it does not trigger the thirty-day deadline for filing a notice of appeal until entry of the judgment or appealable order. View "Title Guar. Escrow Servs., Inc. v. Waialea Resort Co., Ltd." on Justia Law