Hildreth v. Drewyer ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
25-MAY-2022
10:19 AM
Dkt. 17 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STEFANIE B. HILDRETH, Petitioner,
vs.
THE HONORABLE MICHELLE L. DREWYER,
Judge of the Family Court of the Second Circuit,
State of Hawai#i, Respondent Judge.
ORIGINAL PROCEEDING
(FC-M NO. 22-1-0058)
ORDER DENYING PETITION FOR WRITS OF PROHIBITION AND MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Stefanie B. Hildreth’s
petition for writs of prohibition and mandamus, filed on May 4,
2022, the documents attached and submitted in support, and the
record, petitioner fails to demonstrate she has a clear and
indisputable right to relief or that she lacks alternative means
to seek relief. It also cannot be said that the respondent judge
exceeded her jurisdiction, committed a flagrant and manifest
abuse of discretion, or refused to act on a matter properly
before the court under circumstances in which the judge has a
legal duty to act. Petitioner is thus not entitled to the
requested extraordinary writs. See Kema v. Gaddis, 91 Hawai#i
200, 204, 982 P.2d 334, 338 (1999) (explaining that 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; such a writ is
meant to restrain a judge who has exceeded the judge’s
jurisdiction, has committed a flagrant and manifest abuse of
discretion, or has refused to act on a subject properly before
the court under circumstances in which the judge has a legal duty
to act); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241,
580 P.2d 58, 62 (1978) (a writ of prohibition “is an
extraordinary remedy . . . to restrain a judge of an inferior
court from acting beyond or in excess of his [or her]
jurisdiction”). Accordingly,
It is ordered that the petition for writs of
prohibition and mandamus is denied.
DATED: Honolulu, Hawai#i, May 25, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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