Hyland v. Gonzales

Electronically Filed
Supreme Court
SCPW-16-0000142
16-MAR-2016
02:00 PM
SCPW-16-0000142
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
LANRIC HYLAND, Petitioner,
vs.
RONALD GONZALES and STEWART MAEDA, in his official capacity as
Hawaii County Clerk, Respondents.
ORIGINAL PROCEEDING
(CAAP-15-0000053)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Lanric Hyland’s
petition for writ of mandamus, filed on March 7, 2016, the
documents attached thereto and submitted in support thereof, and
the record, it appears that, once the Intermediate Court of
Appeals enters its judgment on appeal in CAAP-15-0000053,
petitioner may seek relief by filing an application for writ of
certiorari pursuant to HRAP Rule 40.1. Petitioner, therefore, is
not entitled to a 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 without prejudice to petitioner filing an
application for writ of certiorari pursuant to HRAP Rule 40.1.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai'i, March 16, 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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