Felix Dacanay Representative of the Estate of Roger Roxas & the Golden Budha Corp. v. Sakamoto

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

ORIGINAL PROCEEDING
(CIV. NO. 08-0522-02) ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioners Felix Dacanay, as personal representative of the Estate of Roger Roxas, and The Golden Budha Corporation's petition for writ of mandamus, filed on June 17, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that Petitioners fail to demonstrate that they are entitled to the specific relief they seek at this time. Petitioners, therefore, are not entitled to the requested writ of mandamus. 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 writ of mandamus is denied.

DATED: Honolulu, Hawai'i, August 1, 2016.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson