Shavelson v. Nakamura

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Electronically Filed Supreme Court SCPW-15-0000004 10-FEB-2015 02:05 PM SCPW-15-0000004 IN THE SUPREME COURT OF THE STATE OF HAWAI'I EILEEN SHAVELSON, Petitioner, vs. THE HONORABLE CRAIG NAKAMURA, CHIEF JUDGE OF THE INTERMEDIATE COURT OF APPEALS, STATE OF HAWAI'I, Respondent Judge, and KITAAMI, JEFFREY HIRANAKA, HARVEY HIRANAKA, and MRS. MILTON (ANNA) HIRANAKA, Respondents. ORIGINAL PROCEEDING (CAAP-14-0001245; CAAP-13-0002205; CIVIL NO. 13-1-0137) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of Petitioner Eileen Shavelson’s petition for a writ of mandamus, filed on January 5, 2015, the documents attached thereto and submitted in support thereof, and the record, it appears that Petitioner fails to demonstrate that the judges have not administered justice “speedily and properly” inasmuch as the Intermediate Court of Appeals considered CAAP-13 0002205 and CAAP-14-0001245, and recently dismissed the appeals for lack of jurisdiction. Petitioner, therefore, is not entitled to the requested 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 petition for a writ of mandamus is denied. DATED: Honolulu, Hawai'i, February 10, 2015. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2

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