Scher v. Ching

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 30-AUG-2018 10:17 AM

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

GREGORY ARMIN SCHER, Petitioner,

vs.

THE HONORABLE GALE L.F. CHING, Judge of the Family Court of the First Circuit, State of Hawai#i, Respondent Judge,

and

LYDIA CHEYENNE SCHER, Respondent.

ORIGINAL PROCEEDING (FC-D NO. 18-1-6961)

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

Upon consideration of petitioner Gregory Armin Scher’s

petition for writ of mandamus, filed on July 17, 2018, the

documents attached thereto and submitted in support thereof, and

the record, it appears that, based on the current state of the

family court proceedings, petitioner fails to demonstrate that he

has a clear and indisputable right to the requested relief and

lacks alternative means to seek relief, and that the respondent

judge exceeded his jurisdiction or committed a flagrant and manifest abuse of discretion in denying the ex parte motion.

Petitioner, therefore, is not entitled to the requested writ of

mandamus. See Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d

334, 338-39 (1999); Wong v. Fong, 60 Haw. 601, 604, 593 P.2d 386,

389 (1979). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, August 30, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson