*** NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER ***



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



---- o0o ---





CHARLES BROOKS and DONNA BROOKS, Plaintiffs-Appellees,


vs.


DANA NANCE & CO. and FIDELITY NATIONAL FIELD SERVICES, INC.,
successor to CHICAGO TITLE CO., INC., Defendants-
Appellants/Cross-Claimants-Appellants/Cross-Claim Defendants,


and

SEASONS MORTGAGE, INC., Defendant-Appellee/Cross-Claim Defendant-
Appellee/Cross-Claimant,


and


ACS GOVERNMENT SERVICES, INC. fka COMPUTER DATA SYSTEMS, INC. aka
CDSI, Defendant.




NO. 26736





APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO. 01-1-0660)


JANUARY 31, 2007




MOTION FOR RECONSIDERATION




MOON, C.J., LEVINSON, NAKAYAMA, AND DUFFY, JJ.;
AND ACOBA, J. DISSENTING

Upon consideration of the motion for reconsideration filed by the defendant-appellee/cross-claim defendant-appellee/cross-claimant Seasons Mortgage, Inc. on January 22, 2007, requesting that this court review its published opinion filed on January 12, 2007,

IT IS HEREBY ORDERED that the motion is denied.



DISSENT
(By: Acoba, J.)

I would grant the motion for reconsideration, but on the grounds set forth in my dissent herein.



On the motion:

E. Mason Martin III of
Kessner Duca Umebayashi Bain
and Matsunaga for the
defendant-appellee/cross-claim
defendant-appellee/cross-claimant
Seasons Mortgage, Inc.