Opinion
No. 29681
March 13, 2009.
ORIGINAL PROCEEDING, (CIVIL NO. 03-1-1712)
By: MOON, C.J., ACOBA, and DUFFY, JJ., and Intermediate Court of Appeals Chief Judge RECKTENWALD, in place of NAKAYAMA, J., recused, and Intermediate Court of Appeals Judge Watanabe, assigned by reason of vacancy.
ORDER
Upon consideration of the petition for a writ of prohibition filed by petitioners Glenn Nobuki Murakami and Ann Sue Isobe and the papers in support, it appears that the requirements of Jenkins v. Cades Schutte Fleming Wright, 76 Hawai'i 115, 864 P.2d 1334 (1994) do not apply to the July 29, 2008 judgment entered in Civil No. 03-1-1712 inasmuch as the July 29, 2008 judgment was not entered pursuant to the separate document requirement of HRCP 58, but was entered pursuant to HRS § 658A-25 (Supp. 2007) as a judgment on the July 29, 2008 order granting the motion to confirm the June 5, 2008 arbitration award. The July 29, 2008 judgment is a judgment on the June 5, 2008 arbitration award and the judgment may be recorded, docketed, and enforced. See HRS § 658A-25(a). Thus, petitioners are not entitled to a writ of prohibition.See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39 (1999) (A writ of prohibition 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 a writ of prohibition is denied.
DATED: Honolulu, Hawai'i, March 13, 2009.