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Fleming v. Loo

Supreme Court of Hawaii

August 11, 2014

DAVID T. FLEMING, Petitioner,
v.
THE HONORABLE RHONDA I.L. LOO, JUDGE OF THE CIRCUIT COURT OF THE SECOND CIRCUIT, Respondent Judge, and STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 06-1-0570(1))

Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.

ORDER DISMISSING AS MOOT MOTION TO DISMISS PETITION FOR WRIT OF MANDAMUS

Upon consideration of Respondent State of Hawai'i's motion to dismiss the petition for a writ of mandamus, filed on August 5, 2014, the document attached thereto and submitted in support thereof, and the record, it appears that the petition for a writ of mandamus was dismissed by order entered on August 5, 2014, and, therefore, the motion is moot. See Wong v. Board of Regents, Univ. of Haw., 62 Haw. 391, 394, 616 P.2d 201, 203 (1980) (the mootness doctrine encompasses the circumstances that destroy the justiciability of a case previously suitable for determination). Accordingly, IT IS HEREBY ORDERED that the motion is dismissed as moot.


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