Hester v. Horowitz

• Court: Hawaii Supreme Court
• Decided: January 24, 2013
• Docket: SCPW-12-0001033
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-12-0001033 24-JAN-2013 10:34 AM

SCPW-12-0001033

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

JASON HESTER, as Successor Overseer of the Office of Over/For the Popular Assembly of Revitalize, A Gospel of Believers, Respondent/Plaintiff-Counterclaim Defendant-Appellee,

vs.

LEONARD G. HOROWITZ, JACQUELINE LINDENBACH HOROWITZ, and THE ROYAL BLOODLINE OF DAVID, Petitioners/Defendants-Counterclaimants-Appellants.

ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Nakayama, Acting C.J., Acoba, McKenna, and Pollack, JJ., and Circuit Judge Trader, in place of Recktenwald, C.J., recused)

Upon consideration of petitioner Leonard G. Horowitz’s

petition for a writ of mandamus, which was filed on November 21,

2012, the documents attached thereto and submitted in support

thereof, and the record, it appears that the relief petitioner

seeks is not subject to a writ of mandamus. Petitioner is

appealing the circuit court’s damage award and can seek relief

through separate court proceedings, as appropriate. Petitioner,

therefore, is not entitled to mandamus relief. 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, January 24, 2013.

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Rom A. Trader