Fidelity National Title Insurance Company v. Schmidt (Order Denying Motion for Reconsideration of May 9. 2006, Order Granting Plaintiff-Appellee's Second Motion to Dismiss Appeal)

NO. 27479

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, Plaintiff-Appellee

vs.

DAMON SCHMIDT, Defendant-Appellant

and

INDYMAC BANK, a federal banking corporation, KALOKO II
ASSOCIATION, a Hawaii non-profit corporation, KALOKO LANI
TERRACE, an unincorporated association, COUNTY OF HAWAII, JOHN
and JANE DOES 1-10, DOE PARTNERSHIPS, CORPORATIONS AND ENTITIES
1-10, and DOE GOVERNMENTAL UNITS 1-10, Defendants

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APPEAL FROM THE THIRD CIRCUIT COURT

(CIV. NO. 03-1-0097K)

ORDER DENYING MOTION FOR RECONSIDERATION
OF MAY 9, 2006, ORDER GRANTING PLAINTIFF-APPELLEE'S
SECOND MOTION TO DISMISS APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Appellant's motion for reconsideration of May 9, 2006, order granting Plaintiff-Appellee's second motion to dismiss appeal and the record herein,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai`i, May 30, 2006.

Gary Victor Dubin
for defendant-appellant
on the motion