NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER



NO. 28216





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







WOLFGANG EISERMANN, Plaintiff-Appellant,
v.
DONALD L. WILKERSON, Defendant-Appellee







APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CV. NO. 00-1-0526)






ORDER DENYING PLAINTIFF-APPELLANT WOLFGANG EISERMANN'S
  FEBRUARY 5, 2007 MOTION FOR RECONSIDERATION
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of (1) the January 19, 2007 order dismissing the appeal in appellate court case number 28216 for lack of jurisdiction, (2) Plaintiff-Appellant Wolfgang Eisermann's (Appellant Eisermann) February 5, 2007 motion for reconsideration of the January 19, 2007 dismissal order pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure (HRAP), and (3) the record,

IT IS HEREBY ORDERED that Appellant Eisermann's February 5, 2007 HRAP Rule 40 motion for reconsideration of the January 19, 2007 dismissal order is denied.

DATED:  Honolulu, Hawai`i, February 8, 2007.