Lessin v. Cahill

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Electronically Filed Supreme Court SCPW-19-0000555 24-JUN-2020 12:57 PM SCPW-19-0000555 IN THE SUPREME COURT OF THE STATE OF HAWAI‘I ALEX LESSIN and JANET KIRA LESSIN, Petitioners, vs. THE HONORABLE PETER T. CAHILL, Judge of the Circuit Court of the Second Circuit, State of Hawai‘i, Respondent Judge. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioners Alex Lessin and Janet Kira Lessin’s petition for writ of mandamus, the documents attached thereto and submitted in support thereof, and the record, it appears that the requested extraordinary relief is not warranted. 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; it is meant to restrain a judge of an inferior court from acting beyond or in excess of his or her jurisdiction). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied. DATED: Honolulu, Hawai‘i, June 24, 2020. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2

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