Schmidt v. The Judges of the Third Circuit Court of State of Hawaii (Order Denying Petition for Writ of Mandamus)

NO. 27678

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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DAMON SCHMIDT, Petitioner/Defendant-Appellant

vs.

THE JUDGES OF THE THIRD CIRCUIT COURT OF THE STATE OF
HAWAI`I, and ALFRED P. LERMA, JR., Court-Appointed
Foreclosure Commissioner, Respondents

and

BUENA VISTA INVESTORS, LLC, a Hawai`i limited liability company,

Real Party in Interest/Plaintiff-Appellee

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ORIGINAL PROCEEDING

(CIV. NO. 03-1-0097K)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Petitioner Damon Schmidt's petition for a writ of mandamus, the papers in support, and the records and files herein, it appears: (1) Petitioner is seeking review of rulings issued by the respondent judges in Buena Vista Investors, LLC v. Schmidt, Civil No. 03-1-0097K, (2) Petitioner has a pending appeal from the judgment entered in Buena Vista Investors, LLC v. Schmidt, docketed as Appeal No. 27479; and (3) a writ of mandamus is not intended to serve as a legal remedy in lieu of normal appellate procedures. Kema v. Gaddis, 91 Hawai`i 200, 204, 982 P.2d 334, 338 (1999)(citation omitted). Therefore,

IT IS HEREBY ORDERED that the petition is denied.

DATED: Honolulu, Hawai`i, January 27, 2006.

Gary Victor Dubin
for petitioner/defendant-
appellant on the writ