NO. 29243
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
GARY VICTOR
DUBIN, Petitioner,
vs.
THE HONORABLE
RANDAL K.O. LEE and THE HONORABLE
GLENN J. KIM,
JUDGES OF THE CIRCUIT COURT
OF THE FIRST
CIRCUIT, STATE OF HAWAI‘I;
HAKIM
INVESTMENT CONSORTIUM, LLC; HONOLULU MANAGEMENT, LLC;
and GWEN
FRISBEE, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 06-1-1448)
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Gary Victor Dubin and the papers in support, it appears that
petitioner made no showing that the disqualification order --
entered seventeen months ago on February 14, 2007 -- resulted in
irreparable and immediate harm. Absent such showing, the issue of
whether there was a sufficient basis for the disqualification need
not be reached and petitioner is not entitled to mandamus relief. See Straub Clinic Hosp. v. Kochi,
81 Hawai‘i 410, 414, 917 P.2d 1284, 1288 (1996) ("Where the basis upon
which the trial court has
rested its order of disqualification is clearly insufficient and
a convincing showing is made in the petition that irreparable and
immediate harm would otherwise be the necessary consequence, the
petitioner's application for a writ of mandamus will be granted.").
Therefore,IT IS HEREBY ORDERED that the petition for a writ of mandamus
is denied.
DATED: Honolulu,
Hawai‘i, July 29, 2008.