NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER




NO. 28109




IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I




ESTATE OF YVONNE MARIE MATHISON,
by Special Administrator David Kaapu, et al.,
Plaintiff-Appellee,
v.
KENNETH WAYNE MATHISON, Defendant-Appellant,
and
MICHAEL MATHISON, Plaintiff-Appellee
v.
KENNETH WAYNE MATHISON, et al., Defendant-Appellant



APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CV. 94-554)





ORDER DENYING DEFENDANT-APPELLANT KENNETH MATHISON'S
NOVEMBER 13, 2006 MOTION FOR RECONSIDERATION
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of (1) the November 2, 2006 "Order Dismissing Appeal," (2) Defendant-Appellant Kenneth Mathison's (Appellant) November 13, 2006 motion for reconsideration of the November 2, 2006 "Order Dismissing Appeal" pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure (HRAP), and (3) the record,

IT IS HEREBY ORDERED that Appellant's November 13, 2006 motion for reconsideration of the November 2, 2006 "Order Dismissing Appeal" pursuant to HRAP Rule 40 is denied.

DATED: Honolulu, Hawai`i, November 20, 2006.