Teisina v. Nishimura ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000596
12-JUL-2012
08:22 AM
NO. SCPW-12-0000596
IN THE SUPREME COURT OF THE STATE OF HAWAII
PENISIMANI TEISINA and LESIELI TEISINA, husband and wife,
Petitioners,
vs.
THE HONORABLE RHONDA A. NISHIMURA, JUDGE OF THE CIRCUIT COURT OF
THE FIRST CIRCUIT, STATE OF HAWAII; and HOVEY B. LAMBERT,
Trustee under the Hovey B. Lambert Trust, an Unrecorded
Revocable Living Trust Agreement dated April 5, 2002,
Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 09-1-2529-10)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Nakayama, Acting C.J., Acoba and McKenna, JJ.,
Circuit Judge Ahn, in place of Recktenwald, C.J., recused, and
Circuit Judge Trader, assigned by reason of vacancy)
Upon consideration of Petitioners Penisimani Teisina
and Lesieli Teisina’s Petition for Writ of Mandamus to
Respondents Circuit Court Judge Rhonda A. Nishimura and Hovey B.
Lambert, Trustee Under the Hovey B. Lambert Trust, an Unrecorded
Revocable Living Trust Agreement dated April 5, 2002, the papers
in support and the records and files herein, it appears that:
(1) Petitioners are seeking a writ of mandamus directing the
Respondent Judge to vacate seven orders entered in Lambert v.
Waha(k), Civil No. 09-1-2529, presently pending in the Circuit
Court of the First Circuit and directing the Respondent Judge to
stay a partition sale and order a jury trial; (2) a writ of
mandamus is not intended to serve as a legal remedy in lieu of
the normal appellate procedures, Kema v. Gaddis, 91 Hawaii 200,
204, 982 P.2d 334, 338 (1999); and (3) Petitioners have a remedy
by way of appeal. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied without prejudice to any remedy Petitioners
may have by way of appeal.
DATED: Honolulu, Hawaii, July 12, 2012.
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Karen S.S. Ahn
/s/ Rom A. Trader