Electronically Filed
Supreme Court
SCPW-16-0000815
30-DEC-2016
02:23 PM
SCPW-16-0000815
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
JOHN ANTONI, N.C. DYLAN WILLOUGHBY and ANTONI ALBUS, LLP,
Petitioners,
vs.
THE HONORABLE RHONDA I.L. LOO et al., Respondents.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR
FOR WRIT OF PROHIBITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of John Antoni’s and N.C. Dylan
Willoughby’s Petition for a Writ of Mandamus or of Prohibition,
filed on November 17, 2016, we conclude the Petitioners fail to
demonstrate they are entitled to the requested relief because
the Petitioners failed to establish their right to relief is
indisputable. See Kema v. Gaddis, 91 Hawaiʻi 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); Barnett v. Broderick, 84 Hawaiʻi 109, 111, 929 P.2d
1359, 1361 (1996) (mandamus relief is available to compel an
official to perform a duty allegedly owed to an individual only
if the individual’s claim is clear and certain, the official’s
duty is ministerial and so plainly prescribed as to be free from
doubt, and no other remedy is available); Honolulu Advertiser,
Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ
of prohibition 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 address
adequately the alleged wrong or obtain the requested action;
such a writ is not intended to supersede the legal discretionary
authority of the trial courts, cure a mere legal error or serve
as a legal remedy in lieu of normal appellate procedure).
Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus or for prohibition is denied.
DATED: Honolulu, Hawaiʻi, December 30, 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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