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STONERIDGE RECOVERIES v. HIFO

Supreme Court of Hawaii
Jun 2, 2008
No. 29137 (Haw. Jun. 2, 2008)

Opinion

No. 29137

June 2, 2008.

ORIGINAL PROCEEDING (CIV. NO. 07-1-0469)

By: MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


ORDER

Upon consideration of the petition for a writ of mandamus filed by petitioner Stoneridge Recoveries, LLC and the papers in support, it appears that the dismissal of Civil No. 07-1-0469 is reviewable on appeal of the April 15, 2008 judgment. Petitioner has a remedy by way of appeal and petitioner can seek a stay of the April 15, 2008 judgment pending appeal from the appellate court. See HRAP 8. Therefore, petitioner is not entitled to mandamus relief. 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 writs are not intended to supersede the legal discretionary authority of the lower courts, nor are they intended to serve as legal remedies in lieu of normal appellate procedures.). Accordingly,

II IS HEREBY ORDERED that the petition for a writ of mandamus is denied.


Summaries of

STONERIDGE RECOVERIES v. HIFO

Supreme Court of Hawaii
Jun 2, 2008
No. 29137 (Haw. Jun. 2, 2008)
Case details for

STONERIDGE RECOVERIES v. HIFO

Case Details

Full title:STONERIDGE RECOVERIES, LLC, Petitioner, v. THE HONORABLE EDEN ELIZABETH…

Court:Supreme Court of Hawaii

Date published: Jun 2, 2008

Citations

No. 29137 (Haw. Jun. 2, 2008)