Sherrill v. Chan

• Court: Hawaii Supreme Court
• Decided: January 19, 2012
• Docket: SCPW-11-0000796
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-11-0000796 19-JAN-2012 12:35 PM

NO. SCPW-11-0000796

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

BARBARA E. SHERRILL, Petitioner,

vs.

THE HONORABLE DERRICK H.M. CHAN, JUDGE OF THE CIRCUIT

COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(P. No. 10-1-0254)

ORDER

(By: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ.,

and Circuit Judge Browning, in place of Acoba, J., recused)

Upon consideration of petitioner Barbara E. Sherrill'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 has appealed the

respondent judge's September 21, 2011 judgment to the

intermediate court of appeals. 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, January 19, 2012.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ James E. Duffy, Jr.

/s/ Sabrina S. McKenna

/s/ R. Mark Browning