Hyland v. Gonzales

Opinion

Electronically Filed

Supreme Court

SCPW-16-0000142

16-MAR-2016

02:00 PM

SCPW-16-0000142

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

LANRIC HYLAND, Petitioner,

vs.

RONALD GONZALES and STEWART MAEDA, in his official capacity as Hawaii County Clerk, Respondents.

ORIGINAL PROCEEDING

(CAAP-15-0000053)

ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of Petitioner Lanric Hyland’s petition for writ of mandamus, filed on March 7, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that, once the Intermediate Court of Appeals enters its judgment on appeal in CAAP-15-0000053, petitioner may seek relief by filing an application for writ of certiorari pursuant to HRAP Rule 40.1. Petitioner, therefore, is not entitled to a 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

2

alleged wrong or obtain the requested action). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied without prejudice to petitioner filing an

application for writ of certiorari pursuant to HRAP Rule 40.1.

IT IS HEREBY FURTHER ORDERED that the clerk of the

appellate court shall process the petition for writ of mandamus

without payment of the filing fee.

DATED: Honolulu, Hawai'i, March 16, 2016.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson