Mizukami v. Don Quijote

Hawaii Supreme Court

Mizukami v. Don Quijote

Opinion

Electronically Filed

Supreme Court

SCPW-13-0001762

11-JUL-2013

09:12 AM

SCPW-13-0001762

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

CAROLYN MIZUKAMI,

Petitioner,

vs. DON QUIJOTE (USA) CO. LTD., DTRIC INSURANCE COMPANY, LTD.,

Respondents.

ORIGINAL PROCEEDING

(CIV. NO. 12-1-3273-12)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of the document submitted by petitioner Carolyn Mizukami entitled “Plaintiff’s Original Proceeding for this Supreme Court of Hawai#i’s Findings of the Unconstitutionally-Applied HRS § 605-14 Unauthorized-Practice-of- Law, In-Itself & to Abrogate Fundamental Rights Secured by the HRS Chapter 551D Uniform Durable Power of Attorney Act Amongst States & in Circuit Court Civil No. 12-1-003273”, which the appellate clerk’s office filed on July 5, 2013, and which the court reviews as a petition for a writ of mandamus, and the record, it appears that petitioner has alternative means to seek the requested relief and, therefore, is not entitled to a writ of mandamus. 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). Accordingly,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai#i, July 11, 2013.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

2

Reference

Status
Published