Hyland v. Torres ( 2015 )

Electronically Filed
Supreme Court
SCPW-15-0000010
10-FEB-2015
01:34 PM
SCPW-15-0000010
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
LANRIC HYLAND, Petitioner,
vs.
DEE TORRES, Secretary to the Board of Registration;
PHILLIP MATLAGE, Chair of the Board of Registration;
STEWART MAEDA, Hawaii County Clerk; and VALRI KUNIMOTO,
Deputy Attorney General, Respondents.
ORIGINAL PROCEEDING
(CAAP-15-0000053)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Lanric Hyland’s
petition for a writ of mandamus, filed on January 7, 2015, the
documents attached thereto and submitted in support thereof, and
the record, it appears that Petitioner has filed an appeal from
the Board of Registration’s Findings of Fact, Conclusions of Law,
and Order Dismissing Appeals with the Intermediate Court of
Appeals, docketed as CAAP-15-0000053, and may seek relief in the
appeal. Petitioner, therefore, is not entitled to a writ of
mandamus. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d
334, 338-39 (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 a writ of
mandamus is denied without prejudice to Petitioner raising the
arguments presented in the instant petition, as appropriate, in
CAAP-15-0000053.
DATED: Honolulu, Hawai'i, February 10, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2