Electronically Filed
Supreme Court
SCPW-16-0000440
14-JUN-2016
07:57 AM
SCPW-16-0000440
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP,
Respondent,
vs.
DIANNA NALANI KUPAHU, Petitioner,
and
HALE AUPUNI COMMUNITY ASSOCIATION, Respondent.
ORIGINAL PROCEEDING
(CIVIL NO. 12-1-2882-11)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Dianna Nalani Kupahu’s
petition for writ of mandamus, filed on May 31, 2016, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner fails to demonstrate that
she has a clear and indisputable right to the requested relief
and that she lacks alternative means to seek relief in the
underlying case 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). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, June 14, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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