NO. 28261
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
TROY
YOSHIO TANAKA, Petitioner
vs.
HONORABLE CHRISTINE KURIYAMA,
Judge of the Family Court of the First Circuit,
State of Hawai`i; PIYAPORN TANAKA, Respondents
ORIGINAL PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Troy Tanaka and the papers in support, it
appears that HRAP Rule 8 provides a procedure for obtaining a stay of
the March 13, 2006 divorce decree pending petitioner's appeal of the
decree in No. 27818 and a writ of
mandamus is not intended to serve as a legal remedy in lieu of normal
appellate procedures. See
Kema v.
Gaddis, 91 Hawai`i 200, 204, 982 P.2d 334, 338 (1999)(A writ of
mandamus is an
extraordinary remedy that will not issue unless the petitioner
demonstrates a
clear and indisputable right to relief and a lack of alternative means
to redress
adequately the alleged wrong or obtain the requested action. Such writs
are not
intended to supersede the legal discretionary authority of the lower
courts, nor
are they intended to serve as legal remedies in lieu of normal
appellate
procedures.). Therefore,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai`i, December 6, 2006.
Lynnae Lee and
Curtis Kam for
petitioner on
the petition