Domingo v. Terrado ( 2018 )

Electronically Filed
Supreme Court
SCPW-17-0000886
09-JAN-2018
11:21 AM
SCPW-17-0000886
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ESTELITA T. TERRADO, Petitioner,
vs.
CAROLINA DOMINGO; STEPHEN ISAMU SHIGAMOTO; STACY LYN SHIGAMOTO;
PAULA LURI OGI; U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-GEL2, Respondents.
ORIGINAL PROCEEDING
(S.P. NO. 08-1-0202)
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
(By: Recktenwald, C.J., Nakayama, Pollack, and Wilson, JJ., and
Circuit Judge Eddins, in place of McKenna, J., recused)
Upon consideration of petitioner Estelita T. Terrado’s
petition for writ of prohibition, filed on December 15, 2017, and
the record, it appears that petitioner fails to demonstrate that
she is entitled to the requested writ of prohibition. See
Honolulu Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62
(1978) (a writ of prohibition “is an extraordinary remedy . . .
to restrain a judge of an inferior court from acting beyond or in
excess of his jurisdiction”); Gannett Pac. Corp. v. Richardson,
59 Haw. 224, 226, 580 P.2d 49, 53 (1978) (a writ of prohibition
is not meant to serve as a legal remedy in lieu of normal
appellate procedures; rather, it is available in “rare and
exigent circumstances” where “allow[ing] the matter to wend its
way through the appellate process would not be in the public
interest and would work upon the public irreparable harm”).
Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
prohibition is denied.
DATED: Honolulu, Hawai#i, January 9, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Todd W. Eddins
2