Ahokovi-Lizares Motorcars ( 2020 )


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  •                                                       Electronically Filed
    Supreme Court
    SCPW-XX-XXXXXXX
    30-SEP-2020
    02:13 PM
    SCPW-XX-XXXXXXX
    (Consolidated with SCPW-XX-XXXXXXX)
    IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
    AHOKOVI-LIZARES MOTORCARS, LLC and
    HESELOMI V. AHOKOVI, Petitioners,
    vs.
    THE HONORABLE PRESIDING JUDGE, DISTRICT COURT OF THE THIRD
    CIRCUIT, NORTH AND SOUTH KONA DIVISION, Respondent Judge,
    and
    STATE OF HAWAIʻI, Respondent.
    ORIGINAL PROCEEDING
    (3DCW-XX-XXXXXXX)
    ORDER DENYING PETITIONS FOR WRIT OF MANDAMUS
    (By: Recktenwald, C.J., McKenna, and Wilson, JJ.,
    Circuit Judge Valenciano, in place of Circuit Judge Garibaldi,
    retired, and Circuit Judge Bissen, assigned by reason of vacancy)
    Upon consideration of Petitioners Ahokovi-Lizares
    Motorcars, LLC and Heselomi V. Ahokovi’s petitions for a writ of
    mandamus, the respondent’s answer, the respective supporting
    documents, and the record, it appears that petitioners fail to
    demonstrate that the respondent court flagrantly and manifestly
    abused its discretion in deciding the restitution issue.
    Petitioners, therefore, are not entitled to the requested
    extraordinary relief.   See Kema v. Gaddis, 91 Hawaiʻi 200, 204-
    05, 
    982 P.2d 334
    , 338-39 (1999) (a writ of mandamus is an
    extraordinary remedy; where the lower court has discretion to
    act, mandamus will not lie to control the exercise of that
    discretion even when the court 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 matter that is properly before the court under
    circumstances in which he or she has a duty to act).
    Accordingly,
    IT IS HEREBY ORDERED that the petitions for writ of
    mandamus are denied.
    DATED: Honolulu, Hawaiʻi, September 30, 2020.
    /s/ Mark E. Recktenwald
    /s/ Sabrina S. McKenna
    /s/ Michael D. Wilson
    /s/ Randal G.B. Valenciano
    /s/ Richard T. Bissen
    2
    

Document Info

Docket Number: SCPW-15-0000358

Filed Date: 9/30/2020

Precedential Status: Precedential

Modified Date: 10/1/2020