Puu Lani Ranch Corp. v. Ibarra

Electronically Filed
Supreme Court
SCPW-15-0000639
13-NOV-2015
10:06 AM
SCPW-15-0000639
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PUU LANI RANCH CORP., a Hawai#i corporation,
F. NEWELL BOHNETT, as Trustee under that certain unrecorded
Revocable Living Trust Agreement dated July 29, 1981, made
by F. Newell Bohnett, as Settlor, and F. NEWELL BOHNETT,
in his individual capacity, Petitioners
vs.
THE HONORABLE RONALD IBARRA, Judge of the Circuit Court of the
Third Circuit, State of Hawai#i, Respondent Judge,
and
PL III, LLC, a Hawai#i limited liability company,
ARICK B. YANAGIHARA, MICHAEL H. NEKOBA, WILLIAM G. BOYLE
and ANITA MATSUZAKI, Respondents.
ORIGINAL PROCEEDING
(CAAP-14-0001115; CAAP-15-0000484; CIV. NO. 11-1-433K)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ., and
Circuit Judge Garibaldi, in place of Recktenwald, C.J., recused.)
Upon consideration of petitioners’ petition for a writ
of mandamus, filed on August 28, 2015, the documents attached
thereto and submitted in support thereof, and the record, it
appears that petitioners fail to demonstrate that the circuit
court has a legal duty to enter their proposed final judgment
under the current procedural posture of the case. Petitioners,
therefore, are 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; such is meant to restrain a judge of an inferior court
who has exceeded his or her jurisdiction, has committed a
flagrant and manifest abuse of discretion, or has refused to act
on a subject properly before the court under circumstances in
which he or she has a legal duty to act). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, November 13, 2015.
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Colette Y. Garibaldi
2