Sarcedo v. Department of Human Services

Opinion

Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

15-APR-2021

07:53 AM

Dkt. 12 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

WAILA SARCEDO, Petitioner, vs.

DEPARTMENT OF HUMAN SERVICES, Respondent.

ORIGINAL PROCEEDING

(FC-S NO. 18-00077)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND MOTION FOR STAY

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

Upon consideration of petitioner Waila Sarcedo’s petition for writ of mandamus, filed on April 9, 2021, the motion for stay, filed on April 11, 2021, the respective supporting documents, and the record, it appears that, based on the information presented to this court, petitioner has filed an appeal in the Intermediate Court of Appeals in CAAP-XX-XXXXXXX, and may seek relief in the appeal or in the family court as provided by law. Petitioner, therefore, is not entitled to the extraordinary relief or a stay requested from this court. 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

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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 and motion for stay are denied.

IT IS HEREBY FURTHER ORDERED that the clerk of the appellate court shall process this original proceeding without payment of the filing fees.

DATED: Honolulu, Hawai#i, April 15, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins