Kline v. Acoba

• Court: Hawaii Supreme Court
• Decided: January 30, 2017
• Docket: SCPW-16-0000321
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-16-0000321 30-JAN-2017 09:48 AM

SCPW-16-0000321

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

THOMAS A. KLINE, Petitioner,

vs.

THE HONORABLE EDMUND D. ACOBA, Judge of the Family Court of the

Fifth Circuit, State of Hawai'i, Respondent Judge,

and

NIELY CARROLL, Respondent.

ORIGINAL PROCEEDING

(FC-DA NO. 15-1-0150)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.)

Upon consideration of petitioner Thomas A. Kline’s

petition for writ of mandamus, filed on April 7, 2016, the

documents attached thereto and submitted in support thereof, and

the record, it appears that petitioner fails to demonstrate that

he is entitled to the requested 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 alleged wrong or obtain the requested action). Accordingly, IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai'i, January 30, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson