NO. 28029
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
DANIA
MEDEIROS, Petitioner
vs.
THE HONORABLE SIMONE POLAK, Judge of the Family Court,
Second Circuit, and RALPH MEDEIROS, Respondents
ORIGINAL PROCEEDING
(FC-D NO.
05-1-0078)
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Dania Medeiros and the papers in support, it
appears that the decision of the respondent judge concerning temporary
custody is reviewable on appeal from a decree entered in FC-D No.
05-1-0078 that dissolves the
parties' marriage and awards final custody of the parties' children.
Petitioner will have a remedy by way of appeal from
such a decree 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 by way of appeal.
DATED: Honolulu,
Hawai`i, July 31, 2006.
Dania Medeiros,
petitioner, pro se
on the petition