Electronically Filed
Supreme Court
SCPW-17-0000679
24-OCT-2017
08:21 AM
SCPW-17-0000679
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GALINA OGEONE, Petitioner,
vs.
THE HONORABLE JEFFREY P. CRABTREE, Judge of the Circuit Court of
the First Circuit, State of Hawai#i, Respondent Judge,
and
DENTIST LESLIE AU, Respondent.
ORIGINAL PROCEEDING
(CIV. NOS. 16-1-1347-7 and 16-1-1348-7)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Galina Ogeone’s
petition for writ of mandamus, filed on September 25, 2017, the
documents attached thereto and submitted in support thereof, the
supplemental submissions, and the record, it appears that
petitioner fails to demonstrate that she has a clear and
indisputable right to the requested relief or that the respondent
judge exceeded his jurisdiction or committed a flagrant and
manifest abuse of discretion. Petitioner, therefore, is not
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, October 24, 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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