Kenndy v. Koyanagi

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NO. 26233 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ROBERT KENNEDY, Petitioner vs. THE HONORABLE FAYE M. KOYANAGI; and MARK J. MEYER, Respondents ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS TO ISSUE FORTHWITH (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Petitioner Robert Kennedy s petition for a writ of mandamus to issue forthwith and the papers in support, it appears that: (1) Petitioner is asking this court to direct the respondent judge to dissolve a temporary restraining order entered in Meyer v. Kennedy, Civil No. 1SS 03-1-001619, presently pending in the District Court of the First Circuit, because the court failed to commence a hearing within the time required by HRS § 604-10.5(f), or in the alternative, direct the respondent judge to conduct a hearing forthwith; (2) Petitioner will have remedy by way of appeal if he is dissatisfied with the order or judgment entered in the district court case. See Ling v. Yokoyama, 91 Hawai#i 131, 980 P.2d 1005 (App. 1999); and (3) a writ of mandamus is not intended to serve as a legal remedy in lieu of the normal appellate procedures. Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (citing Straub Clinic & Hospital v. Kochi, 81 Hawai#i 410, 414, 917 P.2d 1284, 1288 (1996)). Therefore, IT IS HEREBY ORDERED that the petition for a writ of mandamus to issue forthwith is denied without prejudice to any remedy Petitioner may have by way of appeal. DATED: Honolulu, Hawai#i, December 19, 2003. Joseph A. Gomes, for petitioner on the writ 2

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