NO. 26019
 

IN THE SUPREME COURT OF THE STATE OF HAWAI`I


MARSHALL J. HOLT, Petitioner,


vs.

THE HONORABLE HILARY BENSON GANGNES and THE HONORABLE DAVID LO,
JUDGES OF THE DISTRICT COURT OF THE FIRST JUDICIAL CIRCUIT, Respondent Judges,

and

STEPHEN T. SAWYER, Respondent-Real Party in Interest

ORIGINAL PROCEEDING
(CIVIL NO. 1RC03-1-3137)


ORDER DENYING PETITION

(By: Levinson, Acting C.J., Nakayama, Acoba, and Duffy, JJ. and
Circuit Judge Pollack, in place of Moon, C.J., unavailable)

Upon consideration of Petitioner Marshall J. Holt's "petition for writ of prohibition and/or mandamus, and/or for an emergency stay" and the exhibits appended thereto, it appears that Petitioner Holt may seek review by way of appeal if judgment is entered against him in the first circuit district court's summary disposition case. Therefore,

IT IS HEREBY ORDERED that the petition is denied. This denial is without prejudice to any remedy Petitioner Holt may seek by way of appeal.

DATED: Honolulu, Hawai`i, August 13, 2003.
 

Gary Victor Dubin
for Petitioner on the motion