Falle v. Castagnetti, 091619 HIISC, SCPW-19-0000619

Docket Nº:SCPW-19-0000619
Party Name:JOSE GARFIN FALLE and JOSETTE VEGAFRIA FALLE, Petitioners, v. THE HONORABLE JEANNETTE H. CASTAGNETTI, Judge of the Circuit Court of the First Circuit, State of Hawai'i, Respondent Judge, and THE BANK OF NEW YORK MELLON FKA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS (CWABS2004-04)GI ARM; DIRECTOR, DEPARTMENT OF TAXATION, STATE OF HAW...
Judge Panel:(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Case Date:September 16, 2019
 
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JOSE GARFIN FALLE and JOSETTE VEGAFRIA FALLE, Petitioners,

v.

THE HONORABLE JEANNETTE H. CASTAGNETTI, Judge of the Circuit Court of the First Circuit, State of Hawai'i, Respondent Judge,

and

THE BANK OF NEW YORK MELLON FKA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS (CWABS2004-04)GI ARM; DIRECTOR, DEPARTMENT OF TAXATION, STATE OF HAWAI'I, Respondents.

No. SCPW-19-0000619

Supreme Court of Hawaii

September 16, 2019

ORIGINAL PROCEEDING (CIV. NO. 14-1-1480-06)

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

Upon consideration of petitioners Jose Garfin Falle and Josette Vegafria Falle's "Real Emergency Petition for a Writ of Mandamus Enjoining Honorable Judge Jeannette H. Castagnetti from Enforcing a Void Judgment Including Writ of Ejectment," filed on September 4, 2019, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioners fail to demonstrate that they have a clear and indisputable right to the relief requested from this court and that they lack alternative means to seek relief. Petitioners, therefore, are not entitled to the requested extraordinary writ. See Kema v. Gaddis, 91...

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