Noghrey v. Shaw

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 07-APR-2025 07:59 AM Dkt. 4 ORD

SCPW-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

MICHAEL NOGHREY, Petitioner, vs. THE HONORABLE NATASHA R. SHAW, Judge of the District Family Court of the First Circuit, State of Hawaiʻi, Respondent Judge, and ZANETA NOGHREY, Respondent.

ORIGINAL PROCEEDING (CASE NO. 1DV161001290) ORDER (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

Upon consideration of Petitioner Michael Noghrey’s petition for a writ of prohibition filed March 23, 2024, which requested an order directing the Respondent Judge to stay or vacate the decision to imprison the Petitioner for civil contempt (petition), the papers in support, and the records and files herein, we conclude that the issues raised by the petition are moot based on the Family Court’s decision and order filed March 25, 2025 which stayed any further decision on the possible incarceration of Petitioner for civil contempt until after the disposition of the appeal filed in CAAP-XX-XXXXXXX. See generally Application of Thomas, 73 Haw. 223, 225–26, 832 P.2d 253, 254 (1992) (discussing mootness doctrine).

It is ordered that the petition is denied without prejudice as moot.

DATED: Honolulu, Hawaiʻi, April 7, 2025.

/s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Lisa M. Ginoza /s/ Vladimir P. Devens