Electronically Filed
Supreme Court
SCPW-12-0000403
26-APR-2012
11:49 AM
NO. SCPW-12-0000403
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ELIZABETH FISHER, Petitioner,
vs.
THE HONORABLE HILARY B. GANGNES, JUDGE OF THE DISTRICT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I; and
LORNA SOUZA, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 1RC12-1-00925)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Elizabeth Fisher's
petition for a writ of mandamus and the papers in support, it
appears that the denials of petitioner's motions to quash service
of the complaint and summons are reviewable on appeal from a
judgment for possession that may be entered in Civil No. 1RC12-1
00925. See Ciesla v. Reddish, 78 Hawai'i 18, 889 P.2d 702
(1995). Petitioner can obtain appellate review of the matters
raised in the motions to quash by appealing from a judgment for
possession and seeking a stay of the judgment pending appeal
pursuant to HRAP Rule 8. Therefore, petitioner is not entitled
to mandamus relief. 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. Such writs are not intended to supersede the
legal discretionary authority of the lower courts, nor are they
intended to serve as legal remedies in lieu of normal appellate
procedures). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, April 26, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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