Ogeone v. Judges of the Intermediate Court of Appeals of the State of Hawai'i

• Court: Hawaii Supreme Court
• Decided: March 2, 2020
• Docket: SCPW-20-0000082
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 02-MAR-2020 02:47 PM

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

GALINA OGEONE, Petitioner,

vs.

JUDGES OF THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I, Respondent Judges,

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 February 19, 2020, the

supporting documents, 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-XX-XXXXXXX. 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, March 2, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack /s/ Michael D. Wilson