NO. 29628
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
GARDINER
BOSEY SMITH III, Petitioner,
vs.
THE HONORABLE
GLENN J. KIM, JUDGE OF THE CIRCUIT COURT
OF THE FIRST
CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CIV. NO.
07-1-0785)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, and Duffy, JJ.
and
Intermediate Court of Appeals Judge Nakamura,
assigned by
reason of vacancy)
Upon consideration
of the petition for a writ of mandamus filed by petitioner Gardiner
Bosey Smith III and the papers in
support, it appears that petitioner fails to demonstrate a clear and
indisputable right to
placement of Civil No. 07-1-0785 on the ready calendar or to entry of a
final
default judgment. See
Hawai‘i Rules of Civil Procedure Rule 4(c) (service of a
complaint and summons shall be made by personal service). 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.). Accordingly,
IT IS HEREBY
ORDERED that the clerk of the appellate court shall process the
petition for a writ mandamus without
payment of the filing fee.
IT IS FURTHER
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, February 23, 2009.