Abel v. Acoba ( 2020 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
31-JAN-2020
02:15 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
NICHOLAS L. ABEL, Petitioner,
vs.
THE HONORABLE EDMUND D. ACOBA, Judge of the Family Court of the
Fifth Circuit, State of Hawai#i, Respondent Judge.
ORIGINAL PROCEEDING
(FC-S NO. 19-1-00014)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the document submitted by
petitioner Nicholas L. Abel, which was filed on January 17, 2020,
as a petition for writ of mandamus, and the record, it appears
that, based on the information presented, petitioner fails to
demonstrate that he has a clear and indisputable right to the
requested relief from this court and that he lacks alternative
means to seek relief. See Kema v. Gaddis, 91 Hawai#i 200, 204,
982 P.2d 334, 338 (1999) (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 not intended to supersede the
legal discretionary authority of the trial courts, cure a mere
legal error, or serve as a legal remedy in lieu of normal
appellate procedures). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, January 31, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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