Holt v. Gangnes

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NO. 26019 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MARSHALL J. HOLT, Petitioner, vs. THE HONORABLE HILARY BENSON GANGNES and THE HONORABLE DAVID LO, JUDGES OF THE DISTRICT COURT OF THE FIRST JUDICIAL CIRCUIT, Respondent Judges, and STEPHEN T. SAWYER, Respondent-Real Party in Interest ORIGINAL PROCEEDING (CIVIL NO. 1RC03-1-3137) ORDER DENYING PETITION (By: Levinson, Acting C.J., Nakayama, Acoba, and Duffy, JJ. and Circuit Judge Pollack, in place of Moon, C.J., unavailable) Upon consideration of Petitioner Marshall J. Holt s petition for writ of prohibition and/or mandamus, and/or for an emergency stay and the exhibits appended thereto, it appears that Petitioner Holt may seek review by way of appeal if judgment is entered against him in the first circuit district court s summary disposition case. Therefore, IT IS HEREBY ORDERED that the petition is denied. denial is without prejudice to any remedy Petitioner Holt may This seek by way of appeal. DATED: Honolulu, Hawai#i, August 13, 2003. Gary Victor Dubin for Petitioner on the motion

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