Garcia v. Watanabe ( 2023 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
21-FEB-2023
10:11 AM
Dkt. 5 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PAUL A. GARCIA and KIRAH-SHANTEL GARCIA, Petitioners,
vs.
THE HONORABLE KATHLEEN N.A. WATANABE,
Judge of the Circuit Court of the Fifth Circuit,
State of Hawai#i, Respondent Judge.
ORIGINAL PROCEEDING
(CASE. NO. 5CC151000158)
ORDER DENYING PETITION
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the February 14, 2023 submission
from Paul Garcia, on behalf of the Defendants in 1900 Capital
Trust III, et al v. Garcia, 5CC151000158, we construe the
submission as a petition for a writ of mandamus from this court
for interlocutory review of the proceedings in the Fifth Circuit
Court 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 her 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
Hawai,i 188, 193, 921 P.2d 108, 113 (1996). Finally, alternate
remedies exists in both the Circuit Court and upon a filing of an
appeal, pursuant to Rules 59(e), 60(b), 62(b), 62(d), and 62(g)
of the Hawai#i Rules of Civil Procedure and Rules 3 and 4 of the
Hawai#i Rules of Appellate Procedure. See Straub Clinic &
Hospital v. Kochi, 81 Hawai#i 410, 414, 917 P.2d 1284, 1288
(1996). Therefore,
It is ordered that the petition is denied.
DATED: Honolulu, Hawai#i, February 21, 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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