NO. 29693
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
ALEXANDER Y. MARN, Petitioner,
vs.
THE HONORABLE
VICTORIA S. MARKS, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I;
JAMES Y.
MARN, JR.; JAMES K.M. DUNN, Successor Trustee
of the
Annabelle Y. Dunn Trust, Dated June 18, 1991;
and THOMAS E.
HAYES, Receiver, Respondents.
ORIGINAL PROCEEDING
(CIVIL NOS.
98-4706, 98-5371, 07-1-0565)
ORDER
(By: Moon, C.J., Nakayama, Acoba,
and Duffy, JJ., and
Circuit Judge
Hara, assigned by reason of vacancy)
Upon consideration of the petition for a writ of mandamus and
prohibition filed on March 11, 2009 by petitioner Alexander Y. Marn and
the papers in support, it appears that petitioner's claim
that the respondent judge improperly authorized the interim payments of
taxes, attorney's fees, and expenses is not clear and
indisputable. The April 3, 2008, June 5, 2008, September 16, 2008, and
December 22, 2008 orders are reviewable on appeal from final
judgments entered in Civil Nos. 98-4706, 98-5371, and 07-1-0565. Thus,
petitioner is not entitled to a writ of mandamus and prohibition. See
Kema v. Gaddis, 91
Hawai‘i 200, 204-05, 982 P.2d 334, 338-39 (1999) (A writ of mandamus
and/or prohibition 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.).
It further appears
that the March 11, 2009 petition cannot be treated as an application
for a writ of certiorari to review the
intermediate court of appeals' dismissal orders filed in Nos. 29421 and
29448 inasmuch as the petition does not meet the requirements
of HRS § 602-59 (Supp. 2008) and HRAP 40.1. Therefore,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus and prohibition is
denied.
IT IS FURTHER
ORDERED that the motion for expedited review is denied.
DATED: Honolulu,
Hawai‘i, March 25, 2009.