Electronically Filed
Supreme Court
SCPW-12-0000841
15-NOV-2012
02:27 PM
NO. SCPW-12-0000841
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
RICHARD BLAISDELL, Petitioner,
vs.
DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI#I, and
THE HONORABLE RHONDA A. NISHIMURA, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 11-1-2008)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Richard Blaisdell’s
petition for a writ of mandamus, filed October 5, 2012, and the
record, it appears that petitioner has failed to demonstrate that
he is entitled to findings of fact and conclusions of law on the
denial of his summary judgment motion. See HRCP 56(d).
Petitioner can seek relief, as appropriate, in the circuit court
and by way of an appeal from any final judgment entered in Civil
No. 11-1-2008-09. Petitioner, therefore, is not entitled to
mandamus relief. 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. Such writs are not intended to supersede the
legal discretionary authority of the lower courts, nor are they
intended to serve as legal remedies in lieu of normal appellate
procedures. 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 a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, November 15, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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