Kumar v. Remigio ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000379
12-APR-2012
09:40 AM
NO. SCPW-12-0000379
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
RAJ KUMAR,
Petitioner,
vs.
THE HONORABLE CATHERINE H. REMIGIO, JUDGE OF THE FAMILY
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, and SUNITA KUMAR,
Respondents.
ORIGINAL PROCEEDING
ORDER DENYING PETITION
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
By letter dated March 26, 2012, Family Court litigant
Raj Kumar seeks the Chief Justice’s review of certain family
court decisions, the disqualification of the Hon. Catherine H.
Remigio from presiding in his case, and waiver of a sanction. We
view the letter as a petition for writ of mandamus.
A writ of mandamus and/or prohibition is an
extraordinary remedy that will not issue
unless the petitioner demonstrates a clear
and indisputable right to the relief
requested and a lack of other means to
redress adequately the alleged wrong or to
obtain the requested action. Straub Clinic &
Hospital v. Kochi, 81 Hawai'i 410, 414, 917
P.2d 1284, 1288 (1996). 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. Id. Where a
trial 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 it has a legal duty to
act.
Kema v. Gaddis, 91 Hawai'i 200, 204-205, 982 P.2d 334, 338-339
(1999).
Petitioner Kumar will have a remedy by way of appeal.
Consequently, mandamus will not lie. Therefore,
IT IS HEREBY ORDERED that the Clerk shall file, without
payment of the filing fee, Petitioner Kumar’s letter and its
attachments as a petition for writ of mandamus.
IT IS FURTHER ORDERED that the petition is denied.
This denial is without prejudice to any remedies Petitioner Kumar
may have by way of appeal.
DATED: Honolulu, Hawai'i, April 12, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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