O’Toole v. Fujino

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Electronically Filed Supreme Court SCPW-17-0000759 25-JUN-2020 07:50 AM SCPW-17-0000759 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL ERIC O’TOOLE and DIANE ZERFUSS O’TOOLE, Petitioners, vs. THE HONORABLE MELVIN H. FUJINO, Judge of the Circuit Court of the Third Circuit, State of Hawai#i, Respondent Judge, and BANK OF NEW YORK MELLON f/k/a The Bank of New York Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage Pass-Through Certificates, Series 2006-AR7; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., solely as nominee for COUNTRYWIDE BANK, N.A.; and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; and DOE GOVERNMENTAL UNITS 1-20, Respondents. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioners Michael Eric O’Toole and Diane Zerfuss O’Toole’s petition for writ of mandamus, the respective supporting documents, and the record, it appears that the requested extraordinary relief is not warranted. 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; it is meant to restrain a judge of an inferior court from acting beyond or in excess of his or her jurisdiction). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied. DATED: Honolulu, Hawai#i, June 25, 2020. /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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