Electronically Filed Supreme Court SCPW-13-0004021 11-AUG-2014 11:30 AM

SCPW-13-0004021

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

DAVID T. FLEMING, Petitioner,

vs.

THE HONORABLE RHONDA I.L. LOO, JUDGE OF THE CIRCUIT COURT OF THE SECOND CIRCUIT, Respondent Judge,

and

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 06-1-0570(1))

ORDER DISMISSING AS MOOT MOTION TO DISMISS PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of Respondent State of Hawai'i’s motion to dismiss the petition for a writ of mandamus, filed on August 5, 2014, the document attached thereto and submitted in support thereof, and the record, it appears that the petition for a writ of mandamus was dismissed by order entered on August 5, 2014, and, therefore, the motion is moot. See Wong v. Board of Regents, Univ. of Haw., 62 Haw. 391, 394, 616 P.2d 201, 203 (1980) (the mootness doctrine encompasses the circumstances that

destroy the justiciability of a case previously suitable for

determination). Accordingly,

IT IS HEREBY ORDERED that the motion is dismissed as

moot.

DATED: Honolulu, Hawai'i, August 11, 2014.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson