Dacanay v. Sakamoto ( 2016 )


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  •                                                        Electronically Filed
    Supreme Court
    SCPW-16-0000477
    01-AUG-2016
    10:32 AM
    SCPW-16-0000477
    IN THE SUPREME COURT OF THE STATE OF HAWAI'I
    FELIX DACANAY AS PERSONAL REPRESENTATIVE OF THE ESTATE
    OF ROGER ROXAS and THE GOLDEN BUDHA CORPORATION,
    a foreign corporation, Petitioners,
    vs.
    THE HONORABLE KARL K. SAKAMOTO, JUDGE OF THE CIRCUIT COURT
    OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent Judge,
    and
    IMELDA MARCOS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
    FERDINAND C. MARCOS and IMELDA MARCOS, INDIVIDUALLY, Respondents.
    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
    2
    

Document Info

Docket Number: SCPW-16-0000477

Filed Date: 8/1/2016

Precedential Status: Precedential

Modified Date: 8/15/2016