In re: Dressler

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
24-JUN-2022
08:04 AM
Dkt. 13 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
IN RE MARY LOUISE DRESSLER
ORIGINAL PROCEEDING
(CASE NO. 3CC171000024)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of Mary Louise Dressler’s
(petitioner’s) letter filed on June 1, 2022, which we construe as
a petition for writ of mandamus, the documents attached and
submitted in support, and the record, petitioner has not
demonstrated a clear and indisputable right to the requested
relief and that she lacks alternative means to seek relief.
Petitioner’s requests to dismiss the foreclosure action for lack
of jurisdiction and order the return of the subject property are
pending before the circuit court, and an extraordinary writ is
not intended to supersede the discretionary authority of the
circuit court. An extraordinary writ is thus not warranted. See
Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999)
(explaining that 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 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 procedure).
Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
It is further ordered that the clerk of the appellate
court shall process the submission without payment of the filing
fees.
DATED: Honolulu, Hawai#i, June 24, 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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