In re: Request for Payment of Christopher Lawinski, M.D., as Provider for Sean Tilton v. Scott Saiki, Insurance Commissioner, Department of Commerce and Consumer Affairs, State of Hawaiʻi, and United Services Automobile Association

Summary

The Hawaiʻi Intermediate Court of Appeals denied Christopher Lawinski, M.D.'s motion to supplement the appellate record and for reconsideration of a summary disposition order. The court held that the motion did not identify points of law or fact overlooked or misapprehended and that the proposed 2023 document was new evidence outside the appellate record.

Holdings

1. A motion for reconsideration must state with particularity the points of law or fact that the court allegedly overlooked or misapprehended; the appellant's motion did not satisfy that requirement.
2. HRAP Rule 10(e) does not permit supplementation to introduce an entirely new document that was not omitted from the record by error or accident.
3. An appellate court cannot consider new evidence outside the record on appeal.

Questions Presented

1. Whether the motion for reconsideration complied with Hawaiʻi Rules of Appellate Procedure Rule 40(b) by identifying particular points of law or fact that the court had overlooked or misapprehended.
2. Whether the appellate record could be supplemented under Hawaiʻi Rules of Appellate Procedure Rule 10(e) to include a new document that was not omitted by error or accident.
3. Whether the appellate court could consider argument based on evidence outside the record.

Disposition

other