NO. 26833


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


ARTHUR RUDLOPH ASTEL and MARY MARGARET ASTEL,
Plaintiffs-Appellees


vs.


MICHAEL HARVEY JAMES LINDSAY and SUSAN MARY LINDSAY,
Defendants-Appellants


and


JOHN DOES 1-5, JANE DOES 1-5, DOE CORPORATIONS 1-5,
DOE PARTNERSHIPS 1-5 and DOE GOVERNMENTAL ENTITIES 1-5,
Defendants



APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 01-1-0362)



ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of the motion for reconsideration of the May 9, 2005 order dismissing appeal, the papers in support and the record,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai`i, June 06, 2005.