NO. 29911
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
SALLY RAE REYNOLDS and JOSEPH STEVENSON BEALE,
Petitioners,
vs.
THE HONORABLE
KAREN N. BLONDIN, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I and
R2B
INVESTORS, LLC, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO.
08-1-2668)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioners Sally Rae Reynolds and Joseph Stevenson Beale, the papers
in support, and the respondents' answers, it appears that
petitioners' May 26, 2009 motion for approval of a supersedeas bond
pursuant to HRCP 62(d) was denied by the respondent judge. It further
appears that petitioners subsequently filed, on July 10,
2009, a "Renewed Motion for Approval of Amount of Supersedeas Bond for
Stay Pending Appeal," which is presently set for hearing on
July 23, 2009. By filing this motion, petitioners have an
alternative means to redress the alleged wrong and have availed
themselves of it. Therefore, petitioners are not entitled to mandamus
relief. See Kema v. Gaddis, 91 Hawai‘i
200, 204,
982 P.2d 334, 338 (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 petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, July 21, 2009.