Kupahu v. Castagnetti

Electronically Filed
Supreme Court
SCPW-18-0000371
08-MAY-2018
09:50 AM
SCPW-18-0000371
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DIANNA NALANI KUPAHU, Petitioner,
vs.
THE HONORABLE JEANNETTE H. CASTAGNETTI, Judge of the Circuit
Court of the First Circuit, State of Hawai#i, Respondent Judge,
and
FEDERAL NATIONAL MORTGAGE ASSOCIATION; HALE AUPUNI
COMMUNITY ASSOCIATION, Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 12-1-2882)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Dianna Nalani Kupahu’s
emergency petition for writ of mandamus, filed on April 30, 2018,
the documents attached thereto and submitted in support thereof,
and the record, it appears that petitioner fails to demonstrate
that she is entitled to the requested writ of mandamus. 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; where a court
has discretion to act, mandamus will not lie to interfere with or
control the exercise of that discretion, even when the judge 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 subject properly before
the court under circumstances in which he or she has a legal duty
to act). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, May 8, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2