Nice v. Valenciano ( 2023 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
10-FEB-2023
11:34 AM
Dkt. 16 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
CAMERON NICE and MARTHA NICE, Petitioners,
vs.
THE HONORABLE RANDAL VALENCIANO,
Judge of the Circuit Court of the Fifth Circuit,
State of Hawaiʻi, Respondent.
ORIGINAL PROCEEDING
(5CCV-XX-XXXXXXX)
ORDER DENYING PETITION
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the January 28, 2023 letter from
Cameron and Martha Nice and its supporting documents which, on
February 3, 2023, was filed with this court as a petition for a
writ of mandamus, we construe the portion of the Nices’ petition
directed to this court as a request for interlocutory review of
the underlying litigation in Mark Malagodi, etc. v. Cameron E.
Nice, et al., 5CCV-XX-XXXXXXX and conclude that the Petitioners
have failed to demonstrate a right to such review. We further
conclude that the record does not support the conclusion that
the Respondent Judge has exceeded his jurisdiction, has
committed a flagrant and manifest abuse of discretion, or has
refused to act on a subject properly before the court in which
the judge is subject to a legal duty to act. See State ex rel.
Kaneshiro v. Huddy, 82 Hawaiʼi 188, 193, 921 P.2d 108, 113
(1996). Finally, in such litigation, an alternate remedy
exists, of appellate review. Straub Clinic & Hospital v. Kochi,
81 Hawaiʻi 410, 414, 917 P.2d 1284, 1288 (1996). Therefore,
It is ordered that the petition is denied.
DATED: Honolulu, Hawaiʻi, February 10, 2023.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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