Ogeone v. Crabtree

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 10-OCT-2018 02:40 PM SCPW-XX-XXXXXXX 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 October 2, 2018, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner is not entitled to the requested extraordinary writ. Petitioner may seek relief, as appropriate, in her pending appeals in the Intermediate Court of Appeals (CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX). 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). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied. DATED: Honolulu, Hawai#i, October 10, 2018. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2