Upon consideration of the petition for a writ of mandamus filed by Petitioner Supro Corporation, the papers in support, and the records and files herein, it appears that: (1) Petitioner is petitioning this court to review rulings and orders issued by the respondent judge in In re: Haswaii Abestos Cases Underwood v. Kaiser Gypsum Co., Inc., Civil No. 04-1-0492; (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 Petitioner may have in the pending circuit court proceeding and without prejudice Petitioner may have by way of appeal.
DATED: Honolulu, Hawai`i, December 23, 2005.
Edward R. Hugo and
Wayne S. Sakamoto
for petitioner on
the writ