NO. 29137
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
STONERIDGE
RECOVERIES, LLC, Petitioner,
vs.
THE HONORABLE
EDEN ELIZABETH HIFO, JUDGE OF THE
CIRCUIT COURT
OF THE FIRST CIRCUIT, STATE OF HAWAI‘I;
CITY AND
COUNTY OF HONOLULU, DEPARTMENT OF BUDGET
AND FISCAL
SERVICES; and OFFICE OF ADMINISTRATIVE
HEARINGS,
DEPARTMENT OF COMMERCE AND CONSUMER
AFFAIRS,
STATE OF HAWAI‘I, Respondents.
ORIGINAL PROCEEDING
(CIV. NO.
07-1-0469)
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Stoneridge Recoveries, LLC and the papers in
support, it appears that the dismissal of Civil No. 07-1-0469 is
reviewable on appeal of the April 15, 2008 judgment. Petitioner has a
remedy by way of appeal and petitioner can seek a stay of the April 15,
2008 judgment pending appeal
from the appellate court. See
HRAP 8. Therefore, petitioner is not entitled to mandamus relief. See Kema v. Gaddis, 91
Hawai‘i 200, 204-05, 982 P.2d 334, 338-39 (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, June 2, 2008.