NOT FOR PUBLICATION



NO. 25528



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





THE HAWAIIAN INSURANCE & GUARANTY COMPANY, LIMITED,
            Respondent Appellant-Appellee, v. SHEUNG HO,
            Claimant Appellee-Appellant, and WAYNE C. METCALF, III,
            Insurance Commissioner, STATE OF HAWAI`I, DEPARTMENT OF
            COMMERCE AND CONSUMER AFFAIRS, Appellee-Appellee



APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIV. NO. 02-1-1058)



ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER FILED
ON DECEMBER 9, 2004

(By: Lim, Acting C.J., Foley and Fujise, JJ.)

Having received "Respondent Appellant-Appellee The Hawaiian Insurance & Guaranty Company, Limited's Motion for Reconsideration of Order Granting Motion for Reconsideration, Vacating the Summary Disposition Order of Court Filed on November 24, 2004, and to Supplement Record on Appeal," filed on December 20, 2004, we note that the motion was not filed within 10 days of the order of the Intermediate Court of Appeals dated December 9, 2004, as required under Hawaii Rules of Appellate Procedure Rule 40(a). Therefore,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai`i, December 27, 2004.




Gregory K. Markham and
Jeffrey S. Masatsugu
(Chee and Markham),
on the motion for
respondent appellant-appellee.