NO. 28496
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
CUTTER MOTOR CARS, INC.,
dba CUTTER ALA MOANA VOLKSWAGEN MAZDA, Petitioner
vs.
THE HONORABLE BERT I. AYABE, Respondent
ORIGINAL PROCEEDING
(CIV. NO.
06-1-1498-08 (BIA))
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus
filed by petitioner Cutter Motor Cars, Inc. and the papers in
support, it appears that petitioner fails to demonstrate irreparable
and immediate harm from the denial of the motion to
disqualify plaintiff's counsel in Civil No. 06-1-1498 and the denial of
the motion is reviewable on appeal from a final
judgment in Civil No. 06-1-1498. Therefore, petitioner is not entitled
to mandamus relief. See
Wong v. Fong, 60 Haw.
601, 593 P.2d 386 (1979) (a writ of mandamus may be brought where
irreparable and immediate harm would result from
an order denying a motion for disqualification of counsel); 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.).
Accordingly,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai`i, April 27, 2007.