In re: DS
Opinion
Electronically Filed Supreme Court SCPW-XX-XXXXXXX 29-APR-2026 10:19 AM Dkt. 215 ODMR
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________
IN RE DS ________________________________________________________________
ORIGINAL PROCEEDING (CASE NO. 3DV121000235)
ORDER (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Cahill, assigned by reason of vacancy)
On April 20, 2026, Petitioner filed two petitions for writ
of mandamus at dockets 191 and 193. The petition filed at
docket 191 was sealed because it contained the name of the minor
child. We strike this petition for failure to comply with Rules
2.19 and 9.1 of the Hawaiʻi Court Records Rules.
Upon consideration of the petition filed at docket 193 and
the record, as already stated in our April 22, 2026 order, the
family court’s post-divorce decree custody and visitation orders
are appealable, and this original proceeding is not intended to
be used in lieu of normal appellate procedures. See Womble Bond
Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023). It is ordered that the petition filed at docket
193 is denied.
On April 27, 2026, Petitioner filed a motion for
reconsideration of this court’s April 22, 2026 order. Upon
consideration of the motion for reconsideration and the record,
this court has not overlooked or misapprehended points of law or
fact. See Hawaiʻi Rules of Appellate Procedure Rule 40(b)
(2000). It is ordered that the motion for reconsideration is
denied.
It is also ordered that Petitioner may file one motion for
reconsideration from this order that strikes the petition filed
at docket 191, and denies the petition filed at docket 193.
This proceeding is closed with the exception of this one motion
for reconsideration. Any other petitions or motions that are
filed after the filing of this order will be stricken.
DATED: Honolulu, Hawaiʻi, April 29, 2026.
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
/s/ Peter T. Cahill
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