Deponte v. Ulupalakua Ranch, Ltd.

Tlie only question raised by this appeal is whether or not the trial court abused its discretion in denying plaintiff-appellant’s motion for a new trial under Rule 59(a), H.R.C.P., based upon a claim of newly discovered evidence. After this court rendered its opinion in 48 Haw. 17, 395 P.2d 273, the court on plaintiff’s motion granted him leave to file the motion for new trial in the court below after entry of judgment pursuant to the mandate, the court at the same time cautioning that it was “not intimating one way or the other its views on the sufficiency of the showing of diligence, or…