Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
02-MAR-2020
02:47 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GALINA OGEONE, Petitioner,
vs.
JUDGES OF THE INTERMEDIATE COURT OF APPEALS OF THE
STATE OF HAWAI#I, Respondent Judges,
and
DENTIST LESLIE AU, Respondent.
ORIGINAL PROCEEDING
(CAAP-XX-XXXXXXX; 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 February 19, 2020, the
supporting documents, and the record, it appears that petitioner
fails to demonstrate that she has a clear and indisputable right
to the requested relief and petitioner may seek relief, as
appropriate, in CAAP-XX-XXXXXXX. Petitioner, therefore, is not
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). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, March 2, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2
Ogeone v. Judges of the Intermediate Court of Appeals of the State of Hawai'i
Combined Opinion