Electronically Filed
Supreme Court
SCPW-18-0000162
04-APR-2018
08:27 AM
SCPW-18-0000162
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 March 16, 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 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, April 4, 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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