NO. 29724
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
CAROL JEAN HIMALAYA-FIDELE, Petitioner,
vs.
THE HONORABLE
KAREN N. BLONDIN, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I and
WELLS FARGO
BANK, N.A. AS TRUSTEE FOR OPTION ONE
MORTGAGE LOAN
TRUST 2007-CP1 ASSET-BACKED
CERTIFICATES,
SERIES 2007-CP1, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO.
08-1-1478)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, and Duffy, JJ. and
Intermediate
Court of Appeals Judge Watanabe,
assigned by
reason of vacancy)
Upon consideration of the petition for a writ of prohibition filed by
petitioner Carol Jean Himalaya-Fidele and the papers in
support, it appears that the granting and entry of a writ of ejectment
is immediately appealable pursuant to HRS § 641-1(a)
(Supp. 2008). See Penn v. Transportation Lease Haw.,
Ltd., 2 Haw. App. 272, 274, 630 P.2d 646, 649 (1981); Ciesla v.
Reddish, 78 Hawai‘i 18, 889 P.2d 702 (1995). Petitioner can
appeal from a writ of ejectment and can seek a stay of the
writ pending appeal pursuant to HRAP 8. Thus, petitioner is not
entitled to extraordinary relief. See Kema v.
Gaddis, 91 Hawai‘i 200, 204, 982 P.2d 334, 338 (1999) (A writ of
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. 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 prohibition is denied.
DATED: Honolulu,
Hawai‘i, April 20, 2009.