February 28, 2008 (No. 27408)
Opinion [pdf]
OPINION OF THE COURT BY LEONARD, J.
Defendant-Appellant City and County of Honolulu (City) appeals from a Judgment filed on June 21, 2005 in the District Court of the First Circuit, Honolulu District (District Court). The District Court entered Judgment in favor of Plaintiff-Appellee Association of Home Owners of Kai Nui Court (Association) and against City in the amount of $11,417.03 and costs in the amount of $147.00. The money damages were awarded to Association for property damage, i.e., damage to Association's entry/exit gate that occurred when City's refuse truck came into contact with Association's gate.
On appeal, City argues that the District Court abused its discretion by granting Association's Motion for Reconsideration of the District Court's prior ruling, which granted City's oral District Court Rules of Civil Procedure (DCRCP) Rule 41(b) Motion to Dismiss. For the reasons set forth below, we hold that: (1) it is not an abuse of discretion for a court to reconsider its ruling upon an oral motion when the court, upon review of persuasive legal authorities, determines that it made a mistake in its oral ruling; and (2) the District Court did not err in granting Association's Motion for Reconsideration. Accordingly, we affirm. [footnotes omitted]
