Ogeone v. Crabtree

• Court: Hawaii Supreme Court
• Decided: October 24, 2017
• Docket: SCPW-17-0000679
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-17-0000679 24-OCT-2017 08:21 AM

SCPW-17-0000679

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

GALINA OGEONE, Petitioner,

vs.

THE HONORABLE JEFFREY P. CRABTREE, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent Judge,

and

DENTIST LESLIE AU, Respondent.

ORIGINAL PROCEEDING (CIV. NOS. 16-1-1347-7 and 16-1-1348-7)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Galina Ogeone’s

petition for writ of mandamus, filed on September 25, 2017, the

documents attached thereto and submitted in support thereof, the

supplemental submissions, and the record, it appears that

petitioner fails to demonstrate that she has a clear and

indisputable right to the requested relief or that the respondent

judge exceeded his jurisdiction or committed a flagrant and

manifest abuse of discretion. Petitioner, therefore, is not

entitled to the requested writ of mandamus. See Kema v. Gaddis,

91 Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless

the petitioner demonstrates a clear and indisputable right to

relief and a lack of alternative means to redress adequately the

alleged wrong or obtain the requested action; where a court has

discretion to act, mandamus will not lie to interfere with or

control the exercise of that discretion, even when the judge has

acted erroneously, unless the judge has exceeded his or her

jurisdiction, has committed a flagrant and manifest abuse of

discretion, or has refused to act on a subject properly before

the court under circumstances in which he or she has a legal duty

to act). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, October 24, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson