IN THE SUPREME COURT OF THE STATE OF HAWAI`I
MASSIMO FUCHS, Petitioner
vs.
DISTRICT COURT OF THE FIRST CIRCUIT,
HONOLULU DIVISION, STATE OF HAWAI`I, Respondent
and
AHI HARBOR LIMITED PARTNERSHIP, by and through
CB Richard Ellis Hawaii, Inc., Respondent
ORIGINAL PROCEEDING
ORDER DENYING PETITIONER MASSIMO FUCHS’ PETITION
FOR A WRIT OF MANDAMUS
AND MOTION FOR A STAY OF PROCEEDINGS
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus and motion for a stay of proceedings filed by Petitioner Massimo Fuchs, the papers in support, and the records and files herein, it appears that Petitioner fails to demonstrate that he 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 from any adverse judgment.
IT
IS FURTHER ORDERED that the motion for a stay of proceedings is denied.
DATED:
Honolulu, Hawai`i, April 30, 2004.
Massimo Fuchs,