Florer v. Kuriyama

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

2

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