Cormier v. The Family Court of the First Circuit

Electronically Filed
Supreme Court
SCPW-14-0001346
21-JAN-2015
02:58 PM
SCPW-14-0001346
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
Q. BRITT CORMIER, Petitioner,
vs.
THE FAMILY COURT OF THE FIRST CIRCUIT,
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
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 Q. Britt Cormier entitled, “Notice of Appeal from the
Family Court First Circuit for not Filing Documents,” which was
filed as a petition for a writ of mandamus on December 8, 2014,
the document attached thereto and submitted in support thereof,
and the record, it appears that (1) the first circuit family
court has filed several petitions for temporary restraining
orders in which Petitioner sought relief against Kayla M. Malsol
and Charisse Gali, and (2) the most recent petitions were filed
in the first circuit family court on November 28, 2014.
Petitioner, therefore, fails to demonstrate that she is entitled
to the requested 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); Barnett v. Broderick, 84 Hawai#i
109, 111, 929 P.2d 1359, 1361 (1996) (mandamus relief is
available to compel an official to perform a duty allegedly owed
to an individual only if the individual’s claim is clear and
certain, the official’s duty is ministerial and so plainly
prescribed as to be free from doubt, and no other remedy is
available). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, January 21, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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