March 7, 2012
LANDISH K. ARMITAGE AND ROBIN R. ARMITAGE,
THE HONORABLE BARBARA T. TAKASE, JUDGE OF THE DISTRICT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII; AND WELLS FARGO BANK N.A., RESPONDENTS.
ORIGINAL PROCEEDING CIVIL NO. 3RC-11-1-1142
Electronically Filed Supreme Court SCPW-12-0000122 07-MAR-2012 10:45 AM
(By: Nakayama, Acting C.J., Acoba, Duffy, and McKenna, JJ. and Circuit Judge Ayabe, in place of Recktenwald, C.J., recused)
Upon consideration of petitioners Landish K. Armitage and Robin R. Armitage's petition for a writ of mandamus and the papers in support, it appears that the February 9, 2012 judgment for possession is a final judgment of the district court appealable pursuant to HRS § 641-1(a). Petitioners can obtain appellate review of the denial of their motion to dismiss complaint by appealing from the February 9, 2012 judgment for possession and seeking a stay of the judgment pending appeal pursuant to HRAP Rule 8. Therefore, petitioners are not entitled to mandamus relief. See Kema v. Gaddis, 91 Hawaii 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. 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); Ciesla v. Reddish, 78 Hawaii 18, 889 P.2d 702 (1995) (A judgment for possession is immediately appealable under the Forgay doctrine.). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.
/s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna /s/ Bert I. Ayabe
© 1992-2012 VersusLaw Inc.