Electronically Filed
Supreme Court
SCPW-13-0004021
11-AUG-2014
11:30 AM
SCPW-13-0004021
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
DAVID T. FLEMING, Petitioner,
vs.
THE HONORABLE RHONDA I.L. LOO, JUDGE OF THE CIRCUIT
COURT OF THE SECOND CIRCUIT, Respondent Judge,
and
STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 06-1-0570(1))
ORDER DISMISSING AS MOOT MOTION TO DISMISS
PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Respondent State of Hawai'i’s
motion to dismiss the petition for a writ of mandamus, filed on
August 5, 2014, the document attached thereto and submitted in
support thereof, and the record, it appears that the petition for
a writ of mandamus was dismissed by order entered on August 5,
2014, and, therefore, the motion is moot. See Wong v. Board of
Regents, Univ. of Haw., 62 Haw. 391, 394, 616 P.2d 201, 203
(1980) (the mootness doctrine encompasses the circumstances that
destroy the justiciability of a case previously suitable for
determination). Accordingly,
IT IS HEREBY ORDERED that the motion is dismissed as
moot.
DATED: Honolulu, Hawai'i, August 11, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2