Brown v. Tanigawa

• Court: Hawaii Supreme Court
• Decided: June 30, 2016
• Docket: SCPW-16-0000483
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-16-0000483 30-JUN-2016 01:53 PM SCPW-16-0000483

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

DONALD COURTNEY BROWN, Petitioner,

vs.

THE HONORABLE MICHAEL K. TANIGAWA, JUDGE OF THE DISTRICT

COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent Judge,

and

ASSOCIATION OF APARTMENT OWNERS OF PACIFIC HEIGHTS PARK PLACE, a

Hawai'i non-profit corporation, by its Board of Directors;

JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE

ASSOCIATIONS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;

and DOE GOVERNMENTAL UNITS 1-10, Respondents.

ORIGINAL PROCEEDING

(CIV. NO. 1RC16-1-3064)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Donald Courtney Brown’s petition for an emergency writ of mandamus, filed on June 22, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that, at this time, petitioner is seeking relief in the Intermediate Court of Appeals in CAAP-16-0000485 and may seek further relief from any final order or judgment entered in the underlying action, as appropriate. Petitioner, therefore, fails to demonstrate that he is entitled to the requested emergency writ of mandamus. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39 (1999) (a writ of mandamus is an extraordinary remedy that will

not issue unless the petitioner demonstrates a clear and

indisputable right to relief and a lack of alternative means to

redress adequately the alleged wrong or obtain the requested

action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241,

580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to

supersede the legal discretionary authority of the trial courts,

cure a mere legal error, or serve as a legal remedy in lieu of

normal appellate procedure). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai'i, June 30, 2016. /s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson