Nice v. Valenciano

• Court: Hawaii Supreme Court
• Decided: February 10, 2023
• Docket: SCPW-23-0000056
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 10-FEB-2023 11:34 AM Dkt. 16 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

CAMERON NICE and MARTHA NICE, Petitioners,

vs.

THE HONORABLE RANDAL VALENCIANO, Judge of the Circuit Court of the Fifth Circuit, State of Hawaiʻi, Respondent.

ORIGINAL PROCEEDING (5CCV-XX-XXXXXXX)

ORDER DENYING PETITION (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

Upon consideration of the January 28, 2023 letter from

Cameron and Martha Nice and its supporting documents which, on

February 3, 2023, was filed with this court as a petition for a

writ of mandamus, we construe the portion of the Nices’ petition

directed to this court as a request for interlocutory review of

the underlying litigation in Mark Malagodi, etc. v. Cameron E.

Nice, et al., 5CCV-XX-XXXXXXX and conclude that the Petitioners

have failed to demonstrate a right to such review. We further

conclude that the record does not support the conclusion that the Respondent Judge has exceeded his jurisdiction, has

committed a flagrant and manifest abuse of discretion, or has

refused to act on a subject properly before the court in which

the judge is subject to a legal duty to act. See State ex rel.

Kaneshiro v. Huddy, 82 Hawaiʼi 188, 193, 921 P.2d 108, 113

(1996). Finally, in such litigation, an alternate remedy

exists, of appellate review. Straub Clinic & Hospital v. Kochi,

81 Hawaiʻi 410, 414, 917 P.2d 1284, 1288 (1996). Therefore,

It is ordered that the petition is denied.

DATED: Honolulu, Hawaiʻi, February 10, 2023.

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