Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
STACY MONIZ, TRUSTEE OF THE UNRECORDED STACY MONIZ REVOCABLE TRUST DATED JANUARY 22, 2013; JO ANNE N. MONIZ, TRUSTEE OF THE UNRECORDED JO ANNE N. MONIZ TRUST DATED FEBRUARY 12, 1999; ANTONIA L. MONIZ; and JOHN MONIZ, Petitioners, v. THE HONORABLE KATHLEEN N.A.WATANABE, JUDGE OF THE CIRCUIT COURT OF THE FIFTH CIRCUIT, STATE OF HAWAI‘I, Respondent Judge, COMMERCIAL PROPERTIES, LIMITED, a Hawai‘i corporation; SANDY POEHNELT; PUA‘A ‘ILI ‘OI ‘OI OHANA LLC, a Hawai‘i limited liability company; and THE RIGHT SLICE LLC, a Hawai‘i limited liability company; MARY C. WALSH, AS TRUSTEE OF TRUST A, A SUB-TRUST OF THE BEATRICE DUARTE LIVING TRUST CREATED UNDER AN UNRECORDED TRUST AGREEMENT DATED SEPTEMBER 24, 1991, AS AMENDED AND RESTATED IN AN UNRECORDED DOCUMENT DATED JULY 14, 2008, AND AS TRUSTEE DATED JANUARY 16, 2002, AS AMENDED AND RESTATED THE 28TH DAY OF JULY, 2008, AS IT MAY BE FURTHER AMENDED, Respondents.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
Upon consideration of petitioners' petition for writ of mandamus, filed on October 17, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioners are currently seeking relief in the Intermediate Court of Appeals in CAAP-16-0000820. Petitioners, therefore, fail to demonstrate that they are entitled to the requested 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.
Paula A. Nakayama
Sabrina S. McKenna
Richard W. Pollack
Michael D. Wilson
Mark E. Recktenwald
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: SCPW-16-0000687
Decided: December 29, 2016
Court: Supreme Court of Hawai'i.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)