Ioane v. Castagnetti

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
12-JUL-2019
12:12 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CHARLES ALAPATI LEOMITI IOANE and OKESI ATUATASI IOANE aka
OKESI A. IOANE, Individually and as Trustee of the Okesi A. Ioane
Revocable Trust Dated February 11, 2011, Petitioners,
vs.
THE HONORABLE JEANNETTE H. CASTAGNETTI, Judge of the Circuit
Court of the First Circuit, State of Hawai#i, Respondent Judge,
and
MTGLQ INVESTORS, L.P.; CHILD SUPPORT ENFORCEMENT AGENCY; HALE
AUPUNI COMMUNITY ASSOCIATION, Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 16-1-1754-09)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioners’ petition for writ of
mandamus, filed on July 2, 2019, the documents attached thereto
and submitted in support thereof, and the record, it appears that
petitioners fail to demonstrate that they have a clear and
indisputable right to the requested relief and that they lack
alternative means to seek relief. Petitioners, therefore, are
not entitled to the requested extraordinary writ. See Kema v.
Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (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 lower court, nor is it intended to 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.
DATED: Honolulu, Hawai#i, July 12, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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