Smith v. Tonaki

• Court: Hawaii Supreme Court
• Decided: April 30, 2025
• Docket: SCPW-24-0000812
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 30-APR-2025 10:40 AM Dkt. 11 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

DEXTER J. SMITH, Petitioner,

vs.

THE HONORABLE JOHN M. TONAKI, Judge of the Circuit Court of the First Circuit, State of Hawaiʻi, Respondent Judge,

and

CITY AND COUNTY OF HONOLULU, Respondent. ________________________________________________________________

ORIGINAL PROCEEDING (CASE NO. 1CCV-XX-XXXXXXX)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., McKenna, Eddins, and Ginoza, JJ., and Circuit Judge Souza, in place of Devens, J., recused)

Upon consideration of the petition for writ of mandamus

filed December 4, 2024, and the record, Petitioner has not

demonstrated a clear and indisputable right to relief, nor a

lack of alternative means to obtain the relief sought. See

Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023); see also Rules of the Circuit Courts of

the State of Hawaiʻi (RCCH) Rule 2(e)(1) (2019).

It is ordered that the petition is denied.

In denying the petition, we note that certified copies of

the complaint may be obtained from the circuit court clerk

pursuant to RCCH Rule 2.2. Under the circumstances of this

case, it is further ordered that the appellate clerk shall

provide Petitioner with two certified copies of the complaint

without payment of the necessary costs and fees.

DATED: Honolulu, Hawaiʻi, April 30, 2025.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Kevin A. Souza