KENNETH SKAHAN v. FIRST INSURANCE COMPANY OF HAWAII LTD

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Intermediate Court of Appeals of Hawai'i.

KENNETH M. SKAHAN, Claimant-Appellant/Appellant, v. STUTTS CONSTRUCTION COMPANY, INC., Employer-Cross-Appellant/Appellee, FIRST INSURANCE COMPANY OF HAWAII, LTD., Insurance Carrier-Cross Appellant/Appellee

NO. CAAP-16-0000663

    Decided: April 03, 2017

(By: Leonard, Presiding Judge, Reifurth and Ginoza, JJ.)

ORDER GRANTING THE MARCH 20, 2017 MOTION FOR RECONSIDERATION

Upon consideration of pro se Claimant-Appellant Kenneth M. Skahan's (Appellant) March 20, 2017 “Motion for Reconsideration of the Order Dismissing the Appeal Dated March 14, 2017,” the papers in support, and the record, it appears that (1) on March 14, 2017, the court dismissed the appeal for failure to pay the appellate filing and docketing fees, which were due on or before January 23, 2017, and dismissed all pending motions, including Appellant's February 20, 2017 “'Motion to Dismiss for Lack of Jurisdiction', the Appeals of October 10, 2016, and November 17, 2016”; (2) Appellant seeks reconsideration of the dismissal order, and a decision on his February 20, 2017 motion to dismiss the appeal, because at some point after March 8, 2017, he mailed payment to the Labor and Industrial Relations Appeals Board clerk; (3) the appellate clerk processed the filing and docketing fees payment on March 30, 2017; and (4) although Appellant paid the appellate filing and docketing fees late, there is good cause to grant the instant motion.

Therefore, IT IS HEREBY ORDERED that the motion for reconsideration is granted, and the appeal is reinstated. The court will defer a determination on Appellant's February 20, 2017 motion to dismiss the appeal until after the record on appeal is filed in this case.

IT IS FURTHER ORDERED that the clerk of the Labor and Industrial Relations Appeals Board shall file the record on appeal within thirty days from the date of this order.

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