Dodd v. Hall

Opinion

Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

11-OCT-2018

01:21 PM

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

_________________________________________________________________

WILLIAM HORACE DODD, Petitioner, vs.

THE HONORABLE JESSI L.K. HALL, Judge of the Family Court of the First Circuit, State of Hawai#i, Respondent Judge,

and

THERESA HAI HUA DODD, Respondent.

_________________________________________________________________

ORIGINAL PROCEEDING

(FC-D NO. 13-1-7631)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner William Horace Dodd’s petition for writ of mandamus, filed on August 16, 2018, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner may seek relief in the appeals pending in the Intermediate Court of Appeals in CAAP-18- 0000147 and CAAP-XX-XXXXXXX, as appropriate. Petitioner, therefore, is not entitled to the requested extraordinary relief.

See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (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). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied.

DATED: Honolulu, Hawai#i, October 11, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson