IN THE SUPREME COURT OF THE STATE OF HAWAI`I
BEVERLY J. PERRY, on behalf of herself and
all others similarly situated, Petitioner
vs.
HONORABLE EDEN E. HIFO, Judge of the
First Circuit Court, Respondent
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR A WRIT OF PROHIBITION TO BE ISSUED
TO THE HONORABLE EDEN E. HIFO, JUDGE OF THE FIRST CIRCUIT COURT
PURSUANT TO RULE 21(a), HAWAII
RULES OF APPELLATE PROCEDURE
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Petitioner Beverly J. Perry's petition for a writ of prohibition, the papers in support, and the records and files herein, it appears that: (1) Petitioner seeks an order prohibiting the respondent judge from enforcing the order compelling Petitioner to order transcripts pursuant to HRAP Rule 10(b)(4) for her pending appeal docketed as Appeal No. 26151; (2) a writ of mandamus and/or prohibition is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of other means to redress adequately the alleged wrong or obtain the requested action. Evans v. Takao, 74 Haw. 267, 842 P.2d 255 (1992); see also Gannett Pacific Corp. v. Richardson, 59 Haw. 224, 580 P.2d 49 (1978) (a writ of prohibition is an extraordinary remedy that will be granted only in rare and exigent circumstances); (3) such writs are not meant to supersede the legal discretionary authority of the trial courts, nor are they to serve as legal remedies in lieu of normal appellate procedures. Evans, 74 Haw. at 279, 842 P.2d at 261; and (4) Petitioner should file any request for relief related to her appeal in her appeal. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of prohibition is
denied without prejudice to Petitioner seeking any relief in her pending
appeal.
DATED: Honolulu, Hawai`i, January 8, 2004.
Lloyd Y. Asato,
for petitioner
on the writ