Ramos-Newton v. Ayabe

• Court: Hawaii Supreme Court
• Decided: January 21, 2015
• Docket: SCPW-15-0000003
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-15-0000003 21-JAN-2015 10:13 AM

SCPW-15-0000003

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

CORDIALLY RAMOS-NEWTON, Petitioner,

vs.

THE HONORABLE BERT I. AYABE, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, Respondent Judge,

and

U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE6, and ASSOCIATION OF APARTMENT OWNERS OF HARBOR VISTA, Respondents.

ORIGINAL PROCEEDING (CIV. NO. 13-1-1765-06)

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

Upon consideration of Petitioner Cordially Ramos-

Newton’s petition for a writ of mandamus, filed on January 5,

2015, the documents attached thereto and submitted in support

thereof, and the record, it appears that Petitioner has filed an

appeal from the foreclosure decree and the foreclosure judgment

in CAAP-14-0001354 and that the foreclosure action remains pending in the circuit court. Petitioner may seek relief in

appeal or in the circuit court. Petitioner, therefore, is not

entitled to the requested writ of mandamus. 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); Honolulu Advertiser, Inc.

v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of

mandamus is not intended to supersede the legal discretionary

authority of the trial courts, cure a mere legal error, or serve

as a legal remedy in lieu of normal appellate procedure).

Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied without prejudice to Petitioner seeking

relief, as appropriate, in the appeal or the circuit court.

DATED: Honolulu, Hawai#i, January 21, 2015.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson