Kupahu v. Ayabe

Electronically Filed
Supreme Court
SCPW-15-0000555
11-AUG-2015
12:43 PM
SCPW-15-0000555
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DIANNA NALANI KUPAHU, Petitioner,
vs.
BERT I. AYABE, Judge of the Circuit Court
of the First Circuit, State of Hawai#i, Respondent Judge,
and
HALE AUPUNI COMMUNITY ASSOCIATION; 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, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 12-1-2882-11)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Dianna Nalani Kupahu’s
petition for a writ of mandamus, filed on August 3, 2015, the
documents attached thereto and submitted in support thereof, and
the record, it appears that Petitioner is not entitled to a writ
of mandamus inasmuch as she fails to demonstrate that she has a
clear and indisputable right to the requested relief or that she
lacks alternative means to seek 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). Petitioner may, as appropriate,
seek relief in an appeal from a final judgment entered relating
to the foreclosure sale or in her pending appeal in CAAP-15-
0000447. Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, August 11, 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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