Ko v. Viola
This text of Ko v. Viola (Ko v. Viola) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-12-0000038 14-FEB-2012 10:13 AM
NO. SCPW-12-0000038
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
JEAN A. KO, Petitioner,
vs.
THE HONORABLE MATTHEW J. VIOLA, JUDGE OF THE FAMILY COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I and JARRET H.C. KO, Respondents.
ORIGINAL PROCEEDING (FC-D NO. 10-1-6819)
ORDER (By: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ. and Circuit Judge Crandall, in place of Acoba, J., recused)
Upon consideration of petitioner Jean A. Ko's petition
for a writ of mandamus and the papers in support, it appears that
petitioner fails to demonstrate a clear and disputable right to
relief and petitioner can seek relief from the respondent judge's
pre-decree orders at the proceedings to finally divide and
distribute the parties' estate. Therefore, petitioner is not
entitled to mandamus relief. See Kema v. Gaddis, 91 Hawai#i 200,
204, 982 P.2d 334, 338 (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, February 14, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
/s/ Virginia L. Crandall
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