Ramos v. Estate of Elsenbach

Dissenting Opinion by

REIFURTH, J.

The majority applies the two-day extension for service by mail provided for in Hawaii Probate Rules (“HPR”) Rule 10(d) and concludes that the circuit court erred in holding that it did not have jurisdiction over Ramos’s Petition. I conclude, however, that HPR Rule 10(d) has no application in the case of a petition filed under Hawaii Revised Statutes (“HRS”) § 560:3-806(a)(2006) and therefore does not enlarge the filing period in this case. I base my conclusion on the plain language of the rule and statute in question, on analogous caselaw, and on the…