NO. 26954



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




J.R. PARRISH, et al., Petitioners


vs.


HONORABLE RONALD IBARRA, CIRCUIT COURT JUDGE OF
THE THIRD CIRCUIT, STATE OF HAWAI`I, Respondent



ORIGINAL PROCEEDING


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

Upon consideration of Petitioners' petition for a writ of mandamus or other appropriate relief, the joinder in the petition, and the records and files herein, it appears that: (1) Petitioners seek review of the judgment entered in Kelly v. 1250 Oceanside Partners, Civil No. 00-1-0192K; (2) the judgment entered Kelly v. 1250 Oceanside Partners, is the subject of Appeal No. 26813; and (3) Petitioners fail to demonstrate that they are entitled to a writ of mandamus. Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to Petitioners seeking leave to file an amicus curiae brief in Appeal No. 26813.

DATED: Honolulu, Hawai`i, January 3, 2005.


William C. McCorriston
for petitioners Nonparty
Hokuli'a Property Owners
on the writ

Jeffrey N. Watanabe
for joinder petitioners