Opinion
24403
July 20, 2001.
ORIGINAL PROCEEDING (Equity No. 2388).
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER
Upon consideration of Petitioners KITV-4 and Honolulu Star Bulletin's petition for writ of mandamus and the papers in support, it appears that: (1) Petitioners are seeking review of an order denying a motion to intervene entered in In the Estate of James Campbell, Equity No. 2388; (2) An order denying a motion to intervene is an appealable order. See Baehr v. Miike, 80 Haw. 341, 910 P.2d 112 (1996); Ing v. Acceptance Ins. Co., 76 Haw. 266, 874 P.2d 1091 (1994); Takayama v. Financial Sec. Ins. Co., 79 Haw. 98, 898 P.2d 610 (App. 1995); Kim v. H.V. Corp., 5 Haw. App. 298, 688 P.2d 1158 (1984); and (3) A petition for a writ of mandamus is not intended to take the place of an appeal. Kema v. Gaddis, 91 Haw. 200, 204-205, 982 P.2d 334, 338-339 (1998). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to any remedy Petitioners may have by way of appeal.