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