Electronically Filed
Supreme Court
SCPW-17-0000891
09-JAN-2018
08:21 AM
SCPW-17-0000891
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
K. L., Petitioner,
vs.
THE HONORABLE DARIEN W.L. NAGATA, Judge of the Family Court of
the Third Circuit, State of Hawai#i, Respondent Judge,
and
A.L.B., Born ________, 2007, Respondent.
ORIGINAL PROCEEDING
(FC-S No. 15-0007; FC-A No. 17-0019; FC-A No. 17-0029)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner K. L.’s petition for
writ of mandamus, filed on December 15, 2017, the documents
attached thereto and submitted in support thereof, and the
record, it appears that, the family court has taken steps to
ensure that all interested persons have the opportunity to be
heard and meaningfully participate in the proceedings. At this
juncture, petitioner is not entitled to an 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; 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, January 9, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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