Ko v. Viola

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Electronically Filed Supreme Court SCPW-12-0000038 14-FEB-2012 10:13 AM NO. SCPW-12-0000038 IN THE SUPREME COURT OF THE STATE OF HAWAI#I JEAN A. KO, Petitioner, vs. THE HONORABLE MATTHEW J. VIOLA, JUDGE OF THE FAMILY COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I and JARRET H.C. KO, Respondents. ORIGINAL PROCEEDING (FC-D NO. 10-1-6819) ORDER (By: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ. and Circuit Judge Crandall, in place of Acoba, J., recused) Upon consideration of petitioner Jean A. Ko's petition for a writ of mandamus and the papers in support, it appears that petitioner fails to demonstrate a clear and disputable right to relief and petitioner can seek relief from the respondent judge's pre-decree orders at the proceedings to finally divide and distribute the parties' estate. entitled to mandamus relief. Therefore, petitioner is not See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (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 a writ of mandamus is denied. DATED: Honolulu, Hawai#i, February 14, 2012. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna /s/ Virginia L. Crandall 2

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