Florer v. Kuriyama

• Court: Hawaii Supreme Court
• Decided: August 6, 2015
• Docket: SCPW-15-0000500
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-15-0000500 06-AUG-2015 10:09 AM

SCPW-15-0000500

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

DENNIS FLORER, Petitioner,

vs.

THE HONORABLE CHRISTINE KURIYAMA, JUDGE OF THE FIRST CIRCUIT COURT OF THE STATE OF HAWAI#I, Respondent Judge,

and

STATE OF HAWAI#I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 14-1-0229)

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

Upon consideration of Petitioner Dennis Florer’s

petition for a writ of mandamus, filed on July 2, 2015, the

documents attached thereto and submitted in support thereof, and

the record, it appears that Petitioner fails to demonstrate that

he has a clear and indisputable right to the requested relief or

that he lacks alternative means to seek relief. A writ of

mandamus is, therefore, not warranted. 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). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, August 6, 2015.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson