O'Toole v. Fujino

• Court: Hawaii Supreme Court
• Decided: June 25, 2020
• Docket: SCPW-17-0000759
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 25-JUN-2020 07:50 AM

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL ERIC O’TOOLE and DIANE ZERFUSS O’TOOLE, Petitioners,

vs.

THE HONORABLE MELVIN H. FUJINO, Judge of the Circuit Court of the Third Circuit, State of Hawai#i, Respondent Judge,

and

BANK OF NEW YORK MELLON f/k/a The Bank of New York Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage Pass-Through Certificates, Series 2006-AR7; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., solely as nominee for COUNTRYWIDE BANK, N.A.; and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; and DOE GOVERNMENTAL UNITS 1-20, Respondents.

ORIGINAL PROCEEDING

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

Upon consideration of petitioners Michael Eric O’Toole

and Diane Zerfuss O’Toole’s petition for writ of mandamus, the

respective supporting documents, and the record, it appears that

the requested extraordinary relief is not warranted. See Kema v.

Gaddis, 91 Hawai‘i 200, 204, 982 P.2d 334, 338 (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; it is meant to

restrain a judge of an inferior court from acting beyond or in

excess of his or her jurisdiction). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, June 25, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson