NO.
27607
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
JOHN F. KAHOOILIHALA, DOREEN K. KAHOOILIHALA,
and
JOHN K. MORRIS, Petitioners
vs.
THE
HONORABLE EDEN ELIZABETH HIFO and KAWAIAHA‘O CHURCH,
by
and through Its Board of Trustees, Respondents
ORIGINAL
PROCEEDING
ORDER
DENYING PETITION FOR WRIT OF MANDAMUS
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon
consideration of the petition for a writ of mandamus filed by
Petitioners John
F. Kahooilihala, Doreen K.Kahooilihala, and John K. Morris,
the papers in support, and the records and files herein, it appears
that: (1)
Petitioners are petitioning this court to review rulings and order
issued by
the respondent judge in Kahooilihala
v. Kawaiaha‘o Church, Civil No. 03-01-0166; (2) Petitioners will
have a remedy by way of appeal from any adverse judgment, and a
writ of mandamus is not intended to take the place of an appeal,
Therefore,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied without
prejudice to
any remedy Petitioners may have in the
pending circuit court case and without prejudice to any remedy
Petitioners may
have by way of appeal.
DATE: Honolulu,
Hawai‘I,
December 23, 2005.
Wayne M. Sakai,
Michiro Iwanaga
and Daniel M. Chen
for petitioners on
the writ