NO. 25892




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





RICHARD LEE, Plantiff-Appellant, v. TRANSAMERICA
            OCCIDENTAL LIFE INSURANCE COMPANY a foreign
            corporation; MICHAEL LEONARD McCLAIN; DAVID PAOLI,
            individually and as personal representative of the
            Felicia McClain Estate; MATTHEW THIEL; FIRST
            INTERSTATE BANK OF COMMERCE, individually and as
            trustees of the Felicia McClain Special Needs
            Trust, Defendants-Appellees, JOHN DOES 1-10; JANE
            DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS
            1-10; DOE UNINCORPORATED ASSOCIATIONS 1-10; and
            DOE GOVERNMENTAL ENTITIES, Defendants





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(Civ. No. 00-1-2897)





ORDER APPROVING IN PART DEFENDANT-APPELLEE
TRANSAMERICA OCCIDENTAL LIFE INSURANCE
COMPANY'S MOTION FOR PARTIAL RECONSIDERATION
(By: Burns, C.J., Lim and Fujise, JJ.)

Upon consideration of Defendant-Appellee Transamerica Occidental Life Insurance Company's (Transamerica) "Motion for Partial Reconsideration of the 'Order Approving in Part and Denying in Part Request for Reasonable Attorney's Fees and Denying Without Prejudice Request for Costs filed July 28, 2006' and Renewed Motion for Taxation of Costs of its Request for Attorneys' Fees and Costs" filed on August 4, 2006,

IT IS HEREBY ORDERED that costs in the amount of $120.59 are approved.

IT IS FURTHER ORDERED that Transamerica's renewed request for state general excise tax in the amount of $178.16 is denied.

DATED: Honolulu, Hawai`i, August 11, 2006.


Bruce H. Wakuzawa and
Peter S. Knapman,
(Alston Hunt Floyd & Ing),
on the motion for
Defendant-Appellee.