Johnson v. Gangnes

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Electronically Filed Supreme Court SCPW-12-0000401 04-MAY-2012 10:04 AM NO. SCPW-12-0000401 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ARNA LAHELA JOHNSON and GERALYN LAPITAN CAMARILLO, individually and as co-trustees of the Camarillo-Johnson Trust, Petitioners, vs. THE HONORABLE HILARY B. GANGNES, JUDGE OF THE DISTRICT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I; and BANK OF NEW YORK MELLON, Respondents. ORIGINAL PROCEEDING (Civil No. 1RC 10-1-10634) ORDER (By: Nakayama, Acting C.J., Acoba, Duffy, and McKenna, JJ. and Circuit Judge Chan, in place of Recktenwald, C.J., recused) Upon consideration of petitioners Arna Lahela Johnson and Geralyn Lapitan Camarillo's petition for a writ of mandamus and the papers in support, it appears that the April 5, 2012 order denying petitioners' post-judgment "motion to vacate orders" is a final order of the district court appealable pursuant to HRS § 641-1(a). Petitioners can obtain appellate review of the April 5, 2012 order and can seek a stay pending appeal of the execution of the writ of possession pursuant to HRAP Rule 8. relief. Therefore, petitioners are not entitled to mandamus 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. 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, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, May 4, 2012. /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna /s/ Derrick H.M. Chan 2

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