JAMES LIBERO v. STATE OF HAWAI

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Intermediate Court of Appeals of Hawai‘i.

JAMES K. LIBERO, Petitioner-Appellant, v. STATE OF HAWAI‘I, Respondent-Appellee.

NO. CAAP-17-0000624

    Decided: January 05, 2018

(By: Nakamura, Chief Judge, and Fujise and Chan, JJ.)

ORDER GRANTING THE DECEMBER 29, 2017 MOTION FOR RECONSIDERATION

Upon consideration of the Motion for Reconsideration, filed on December 29, 2017 1/ by Petitioner-Appellant James K. Libero (Appellant), pro se, and the files herein,

IT IS HEREBY ORDERED that the motion is granted. The December 8, 2017 Order Granting the November 9, 2017 Motion to Withdraw Appeal is vacated. The appeal and all pending motions that were dismissed as moot are reinstated.

IT IS HEREBY FURTHER ORDERED that Appellant's November 9, 2017 Motion to Withdraw Appeal is denied, Respondent-Appellee the State of Hawai‘i's November 30, 2017 Motion to Strike Opening Brief is denied, and the deadline to file the Answering Brief is extended to February 12, 2018.

FOOTNOTES

1.   Appellant's envelope is dated December 17, 2017 from K-Unit. Therefore, the Motion for Reconsideration was timely. Setala v. JC Penney, 97 Hawai‘i 484, 40 P.3d 886 (2002).

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