Hart v. Young
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NO. 25716 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ANTHONY HART, Petitioner, vs. HONORABLE GREGG YOUNG, PER DIEM DISTRICT JUDGE; FAMILY COURT OF THE FIRST CIRCUIT, BY AND THROUGH ITS SENIOR JUDGE, THE HONORABLE FRANCES Q.F. WONG; BEVERLEE HART, Respondents. ORIGINAL PROCEEDING ORDER DENYING PETITIONER ANTHONY HART S APPLICATION FOR WRIT OF MANDAMUS, PROHIBITION AND OTHER EXTRAORDINARY WRIT (By: Moon, C.J., Levinson and Nakayama, JJ., Circuit Judge Ibarra, in place of Acoba, J., who is unavailable, and Circuit Judge Blondin, assigned by reason of vacancy) Upon consideration of Petitioner Anthony Hart s application for a writ of mandamus, prohibition, and other extraordinary writ, the papers in support, and the records and files herein, it appears that: (1) Petitioner is seeking review of orders entered in Hart v. Hart, UIFS No. 03-1-0001, presently pending in the Family Court of the First Circuit; (2) a writ of mandamus or 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, State v. Hamili, 87 Hawai#i 102, 104, 952 P.2d 390, 392 (1998); and (3) such a writ is not intended to take the place of an appeal. Id. Therefore, IT IS HEREBY ORDERED that the petition for a writ of mandamus, prohibition, and other extraordinary writ is denied without prejudice to any remedy Petitioner may have by way of appeal. DATED: Honolulu, Hawai#i, April 16, 2003. Richard Lee and Paul D. Hicks for petitioner on the application -2-
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