Electronically Filed
Supreme Court
SCPW-16-0000854
20-DEC-2016
03:28 PM
SCPW-16-0000854
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MARIA D. SOMMERS, Petitioners,
vs.
THE HONORABLE PETER CAHILL, Judge of the Circuit Court of the
Second Circuit, State of Hawai#i, Respondent Judge,
and
CITIMORTGAGE ET AL., Respondents.
ORIGINAL PROCEEDING
(CR. NO. 11-1-0052)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.)
Upon consideration of petitioner Maria Sommers’s
petition for writ of mandamus, filed on December 8, 2016, and the
record, it appears that petitioner fails to demonstrate that she
is entitled to the requested “separate judgment” or a stay on any
further rulings, or that she lacks alternative means to seek
relief. 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). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, December 20, 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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