Electronically Filed
Supreme Court
SCPW-16-0000819
13-FEB-2017
01:30 PM
SCPW-16-0000819
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
_________________________________________________________________
TATE ANDALE, INC., Petitioner,
vs.
THE HONORABLE RHONDA A. NISHIMURA, Judge of the Circuit Court
of the First Circuit, State of Hawai'i, Respondent Judge,
and
RODNEY A. FELICIANO and BEATRICE L. FELICIANO, Respondents.
________________________________________________________________
ORIGINAL PROCEEDING
(CIVIL NO. 16-1-0141-01)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Tate Andale, Inc.’s
petition for writ of mandamus and/or prohibition, filed on
November 18, 2016, the documents submitted in support thereof,
and the record, it appears that petitioners fail to demonstrate
that they are entitled to the relief requested from this court.
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;
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); Honolulu Adv., Inc. v. Takao, 59 Haw.
237, 241, 580 P.2d 58, 62 (1978) (a writ of prohibition “is an
extraordinary remedy . . . to restrain a judge of an inferior
court from acting beyond or in excess of his jurisdiction;” it is
not meant 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, February 13, 2017.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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