Nomura v. Nakasone ( 2013 )

Electronically Filed
Supreme Court
SCPW-13-0005254
06-DEC-2013
12:03 PM
SCPW-13-0005254
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
LILY TAI NOMURA; ALOHA RAINBOW INVESTMENTS, INC.;
LONG LIFE FOUNDATION; RICHARD LEE; JOHN DOES 1-50;
JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50;
DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50,
Petitioners,
vs.
THE HONORABLE KAREN T. NAKASONE, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I,
Respondent Judge,
and
ASSOCIATION OF APARTMENT OWNERS OF CENTURY CENTER, INC.,
by and through its Board of Directors, and PORTER MCQUIRE
KIAKONA & CHOW, LLP,
Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 13-1-1809-06)
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioners Richard Lee and Lily
Tai Nomura’s petition for a writ of prohibition, filed on
November 14, 2013, the documents submitted in support thereof,
and the record, it appears that there are alternative means to
seek the relief requested in the petition and petitioners fail to
demonstrate that the respondent judge has acted beyond or in
excess of her jurisdiction in presiding over the underlying case.
Petitioners, therefore, are not entitled to the extraordinary
remedy of a writ of prohibition. See Honolulu Adv., Inc. v.
Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of
prohibition “is an extraordinary remedy . . . to restrain a judge
of an inferior court from acting beyond or in excess of his
jurisdiction”); Gannett Pac. Corp. v. Richardson, 59 Haw. 224,
226, 580 P.2d 49, 53 (1978) (a writ of prohibition is not meant
to serve as a legal remedy in lieu of normal appellate
procedures; rather, it is available in “rare and exigent
circumstances” where “allow[ing] the matter to wend its way
through the appellate process would not be in the public interest
and would work upon the public irreparable harm”).
Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
prohibition is denied.
DATED: Honolulu, Hawai#i, December 6, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack