Christian P. Clemens v. Pali's Pools LLC

Summary

The Hawaiʻi Intermediate Court of Appeals dismissed Pali's Pools LLC's motion seeking relief from an order dismissing its appeal and reinstatement based on excusable neglect. The court held that the company's owner, who was not a licensed attorney, could not represent the limited liability company and that the motion for reconsideration was untimely.

Holdings

1. A nonlawyer owner may not represent a limited liability company in litigation or appellate proceedings.
2. A motion for reconsideration of a dispositional order must be filed within ten days after the order is filed; a motion filed after that deadline is untimely.
3. The motion for reconsideration was dismissed as unauthorized because it was submitted on behalf of the LLC by a nonlawyer and as untimely because it was filed after the ten-day deadline.

Questions Presented

1. Whether a nonlawyer owner may represent a limited liability company in an appeal.
2. Whether Pali's Pools LLC's motion for reconsideration was authorized and timely under Hawaiʻi Rules of Appellate Procedure Rule 40.

Disposition

dismissed