Scher v. Ching ( 2018 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
30-AUG-2018
10:17 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GREGORY ARMIN SCHER, Petitioner,
vs.
THE HONORABLE GALE L.F. CHING, Judge of the Family Court of the
First Circuit, State of Hawai#i, Respondent Judge,
and
LYDIA CHEYENNE SCHER, Respondent.
ORIGINAL PROCEEDING
(FC-D NO. 18-1-6961)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Gregory Armin Scher’s
petition for writ of mandamus, filed on July 17, 2018, the
documents attached thereto and submitted in support thereof, and
the record, it appears that, based on the current state of the
family court proceedings, petitioner fails to demonstrate that he
has a clear and indisputable right to the requested relief and
lacks alternative means to seek relief, and that the respondent
judge exceeded his jurisdiction or committed a flagrant and
manifest abuse of discretion in denying the ex parte motion.
Petitioner, therefore, is not entitled to the requested writ of
mandamus. See Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d
334, 338-39 (1999); Wong v. Fong, 60 Haw. 601, 604, 593 P.2d 386,
389 (1979). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, August 30, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2