In re: Lindsey ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
27-JUL-2022
08:40 AM
Dkt. 7 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
IN THE MATTER OF KALEO LINDSEY
ORIGINAL PROCEEDING
(CASE NO. 3CC17100212K)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of Kaleo Lindsey’s (Petitioner’s)
“Special-Proceeding Ex Parte, Invoking: Epistolary
Jurisdiction,” filed on July 8, 2022, which we construe as a
petition for writ of mandamus, the documents attached and
submitted in support, and the record, Petitioner does not cite to
any authority that allows this court to require a stay of an
ongoing foreclosure proceeding absent an appeal and at the
request of what appears to be a non-party to the ongoing
proceeding. See HRAP Rule 8. An extraordinary writ is thus not
warranted. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d
334, 338 (1999) (explaining that 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 meant to
supersede the legal discretionary authority of the lower court,
nor are they meant to serve as legal remedies in lieu of normal
appellate procedures). Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
It is further ordered that the appellate court clerk
shall process the petition without payment of the filing fee.
DATED: Honolulu, Hawai#i, July 27, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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