Sommers v. Cahill

• Court: Hawaii Supreme Court
• Decided: December 20, 2016
• Docket: SCPW-16-0000854
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-16-0000854 20-DEC-2016 03:28 PM

SCPW-16-0000854

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MARIA D. SOMMERS, Petitioners,

vs.

THE HONORABLE PETER CAHILL, Judge of the Circuit Court of the Second Circuit, State of Hawai#i, Respondent Judge,

and

CITIMORTGAGE ET AL., Respondents.

ORIGINAL PROCEEDING (CR. NO. 11-1-0052)

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

Upon consideration of petitioner Maria Sommers’s

petition for writ of mandamus, filed on December 8, 2016, and the

record, it appears that petitioner fails to demonstrate that she

is entitled to the requested “separate judgment” or a stay on any

further rulings, or that she lacks alternative means to seek

relief. 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) (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 writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, December 20, 2016.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson