Electronically Filed
Supreme Court
SCPW-18-0000406
21-MAY-2018
01:43 PM
SCPW-18-0000406
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 May 14, 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 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, May 21, 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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