NO. 25366


IN THE SUPREME COURT OF THE STATE OF HAWAI`I

___________________________________________________________________________________________________

HAYLEY KAIULANI CERIT, Petitioner,

vs.

THE HONORABLE BODE A. UALE, DISTRICT JUDGE OF THE
FAMILY COURT OF THE FIRST CIRCUIT OF THE STATE OF HAWAI`I;
AND ISHAK CERIT, Respondents.

___________________________________________________________________________________________________

ORIGINAL PROCEEDING
(FC-M NO. 02-1-0933)


ORDER
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)

Upon consideration of petitioner Hayley Kaiulani Cerit's petition for a writ of mandamus concerning custody of minor child, the papers in support and the records and files herein, it appears that petitioner fails to demonstrate that she is entitled to a writ of mandamus. Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to any remedy petitioner may have by way of appeal.

DATED: Honolulu, Hawai`i, October 25, 2002.