Electronically Filed
Supreme Court
SCPW-16-0000802
21-NOV-2016
01:51 PM
SCPW-16-0000802
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ARNOLD HIRAHARA, Petitioner,
vs.
THE HONORABLE HILARY BENSON GANGNES, Judge of the District Court
of the First Circuit, State of Hawai#i, Respondent Judge,
and
KAYLA M. MALSOL BRITT, Respondent.
ORIGINAL PROCEEDING
(1SS16-1-001046)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.)
Upon consideration of petitioner Arnold Hirahara’s
petition for writ of mandamus, filed on November 14, 2016, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner may submit his exhibits at
the hearing on the petition to enjoin and may seek relief, as
appropriate, in any subsequent appeal. 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; where a court
has discretion to act, mandamus will not lie to interfere with or
control the exercise of that discretion, even when the judge has
acted erroneously, unless the judge has exceeded his or her
jurisdiction, has committed a flagrant and manifest abuse of
discretion, or has refused to act on a subject properly before
the court under circumstances in which he or she has a legal duty
to act). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied without prejudice.
DATED: Honolulu, Hawai#i, November 21, 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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