Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
28-JUL-2020
09:59 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
KEVIN M. BERTELMANN, INDIVIDUALLY AND AS TRUSTEE OF THE HAROLD E.
BERTELMANN REVOCABLE LIVING TRUST, Petitioner,
vs.
THE HONORABLE HENRY T. NAKAMOTO, Judge of the Circuit Court of
the Third Circuit, State of Hawai#i, Respondent Judge,
and
BANK OF HAWAII and COUNTY OF HAWAI#I,
REAL PROPERTY DIVISION, Respondents.
ORIGINAL PROCEEDING
(CAAP-XX-XXXXXXX; CIV. NO. 3CC1810000304)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
AND DISMISSING MOTION FOR SANCTIONS
(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and
Circuit Judge Nacino, assigned by reason of vacancy)
Upon consideration of petitioner’s petition for writ of
mandamus, filed on July 9, 2020, the documents attached thereto
and submitted in support thereof, and the record, it appears that
petitioner is not entitled to the requested extraordinary relief
from this court. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982
P.2d 334, 338 (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; a writ of mandamus is not intended to supersede
the legal discretionary authority of the trial courts, cure a
mere legal error, or serve as a legal remedy in lieu of normal
appellate procedures). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the motion for
sanctions, filed on July 21, 2020, is dismissed.
DATED: Honolulu, Hawai#i, July 28, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Edwin C. Nacino
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