Saputo v. Kobayashi ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000417
26-APR-2012
09:21 AM
NO. SCPW-12-0000417
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
MYLES D. SAPUTO, Petitioner,
vs.
THE HONORABLE BLAINE J. KOBAYASHI, JUDGE OF THE DISTRICT
COURT OF THE SECOND CIRCUIT, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
By letters dated April 11, 2012, Myles D. Saputo seeks
review of the actions of Second Circuit District Judge Blaine
Kobayashi in Case No. 2RC10-1-004119, City Bank v. Myles D.
Saputo. We view the letters as a petition for writ of mandamus.
A writ of mandamus and/or prohibition is
an extraordinary remedy that will not issue
unless the petitioner demonstrates a clear
and indisputable right to the relief
requested and a lack of other means to
redress adequately the alleged wrong or to
obtain the requested action. Straub Clinic &
Hospital v. Kochi, 81 Hawai'i 410, 414, 917
P.2d 1284, 1288 (1996). Such writs are not
meant to supersede the legal discretionary
authority of the lower court, nor are they
meant to serve as legal remedies in lieu of
normal appellate procedures. Id. Where a
trial court has discretion to act, mandamus
will not lie to interfere with or control the
exercise of that discretion, even when the
judge has acted erroneously, unless the judge
has exceeded his or her 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 it has a legal duty to
act.
Kema v. Gaddis, 91 Hawai'i 200, 204-205, 982 P.2d 334, 338-339
(1999).
Petitioner Saputo’s letters make a number of
allegations, but provide nothing from the court record to support
the allegations, and review of the public docket for case number
2RC10-1-004119 reveals the case is pending in the district court.
Petitioner will have the opportunity to seek review by way of
appeal after judgment is entered in case number 2RC10-1-004119.
Therefore,
IT IS HEREBY ORDERED that the Clerk shall file
Petitioner Saputo’s letters as a petition for writ of mandamus,
without payment of the filing fee.
IT IS FURTHER ORDERED that the Petition is denied.
This denial is without prejudice to any timely appeal, complaint
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to the Commission on Judicial Conduct, or other lawful means of
seeking redress.
DATED: Honolulu, Hawai'i, April 26, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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