Ogeone v. Crabtree

• Court: Hawaii Supreme Court
• Decided: April 20, 2020
• Docket: SCPW-20-0000186
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 20-APR-2020 09:36 AM

SCPW-XX-XXXXXXX

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 (CAAP-XX-XXXXXXX; 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 March 23, 2020, the

documents attached thereto and submitted in support thereof, and

the record, it appears that petitioner fails to demonstrate that

she has a clear and indisputable right to the requested relief

and petitioner may seek relief, as appropriate, in CAAP-18-

0000449. Petitioner, therefore, is not entitled to the requested

extraordinary writ. 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). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, April 20, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson