NO. 28035
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
RICHARD C. PAGE and BEVERLY A. PAGE, Petitioners,
vs.
HONORABLE HILARY BENSON GANGNES;
JUDGE OF THE DISTRICT COURT
OF THE FIRST CIRCUIT, STATE OF HAWAI`I, Respondent,
and
MELVYN
YEW KEONG CHOY, Real Party in Interest.
ORIGINAL PROCEEDING
(CIV. NO.
1RC06-1-2144)
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioners Richard Page and Beverly Page and the
papers in support, it appears that the decision of the respondent judge
denying petitioners' motion to dismiss Civil No.
1RC06-1-2144 for lack of district court jurisdiction is reviewable on
appeal from a final judgment entered in Civil No.
1RC06-1-2144. Petitioners will have a remedy by way of appeal from a
final 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 by way of appeal.
DATED: Honolulu,
Hawai`i, July 31, 2006.
Scot S. Brower,
for petitioners