Shyanguya v. Nishimura

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Electronically Filed Supreme Court SCPW-13-0002448 22-AUG-2013 01:52 PM SCPW-13-0002448 IN THE SUPREME COURT OF THE STATE OF HAWAI#I FRANCIS M. SHYANGUYA, Petitioner, vs. THE HONORABLE RHONDA A. NISHIMURA, Respondent Judge, and EMPLOYMENT SECURITY APPEALS REFEREES' OFFICE (ESARO), ALAN WONG, APPEALS OFFICER, AND THE RITZ-CARLTON HOTEL CO., LLC, Respondents. ORIGINAL PROCEEDING (CAAP-13-0001659; CIV. NO. 13-1-0149) ORDER DENYING APPLICATION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Upon consideration of petitioner Francis M. Shyanguya's application for a writ of mandamus, filed on July 30, 2013, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner does not have a clear and indisputable right to the entry of findings of fact and conclusions of law in a decision from an agency appeal and has alternative means to seek relief. entitled to a writ of mandamus. Petitioner, therefore, 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 application for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, August 22, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

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