Ramos-Newton v. Ayabe ( 2015 )

Electronically Filed
Supreme Court
SCPW-15-0000003
21-JAN-2015
10:13 AM
SCPW-15-0000003
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CORDIALLY RAMOS-NEWTON, Petitioner,
vs.
THE HONORABLE BERT I. AYABE, JUDGE OF THE CIRCUIT COURT
OF THE FIRST CIRCUIT, Respondent Judge,
and
U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF
AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE
LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE6, and ASSOCIATION
OF APARTMENT OWNERS OF HARBOR VISTA, Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 13-1-1765-06)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Cordially Ramos-
Newton’s petition for a writ of mandamus, filed on January 5,
2015, the documents attached thereto and submitted in support
thereof, and the record, it appears that Petitioner has filed an
appeal from the foreclosure decree and the foreclosure judgment
in CAAP-14-0001354 and that the foreclosure action remains
pending in the circuit court. Petitioner may seek relief in
appeal or 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); Honolulu Advertiser, Inc.
v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of
mandamus 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 is denied without prejudice to Petitioner seeking
relief, as appropriate, in the appeal or the circuit court.
DATED: Honolulu, Hawai#i, January 21, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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