Kline v. Acoba

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Electronically Filed Supreme Court SCPW-16-0000321 30-JAN-2017 09:48 AM SCPW-16-0000321 IN THE SUPREME COURT OF THE STATE OF HAWAI'I THOMAS A. KLINE, Petitioner, vs. THE HONORABLE EDMUND D. ACOBA, Judge of the Family Court of the Fifth Circuit, State of Hawai'i, Respondent Judge, and NIELY CARROLL, Respondent. ORIGINAL PROCEEDING (FC-DA NO. 15-1-0150) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.) Upon consideration of petitioner Thomas A. Kline’s petition for writ of mandamus, filed on April 7, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner fails to demonstrate that he is entitled to the requested writ of mandamus. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39 (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 writ of mandamus is denied. DATED: Honolulu, Hawai'i, January 30, 2017. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2