Kupahu v. Ayabe

Opinion

Electronically Filed Supreme Court SCPW-15-0000555 11-AUG-2015 12:43 PM

SCPW-15-0000555

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

DIANNA NALANI KUPAHU, Petitioner,

vs.

BERT I. AYABE, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent Judge,

and

HALE AUPUNI COMMUNITY ASSOCIATION; JOHN DOES 1-50; JANE DOES 1- 50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-

50; and DOE GOVERNMENTAL UNITS 1-50, Respondents.

ORIGINAL PROCEEDING (CIVIL NO. 12-1-2882-11)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of Petitioner Dianna Nalani Kupahu’s petition for a writ of mandamus, filed on August 3, 2015, the documents attached thereto and submitted in support thereof, and the record, it appears that Petitioner is not entitled to a writ of mandamus inasmuch as she fails to demonstrate that she has a clear and indisputable right to the requested relief or that she lacks alternative means to seek relief. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is

2

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). Petitioner may, as appropriate, seek relief in an appeal from a final judgment entered relating to the foreclosure sale or in her pending appeal in CAAP-15- 0000447. Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.

DATED: Honolulu, Hawai#i, August 11, 2015.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson