Opinion
SCPW-15-0000358 C/w SCPW-15-0000509
09-30-2020
AHOKOVI-LIZARES MOTORCARS, LLC and HESELOMI V. AHOKOVI, Petitioners, v. THE HONORABLE PRESIDING JUDGE, DISTRICT COURT OF THE THIRD CIRCUIT, NORTH AND SOUTH KONA DIVISION, Respondent Judge, and STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(3DCW-13-0001805) ORDER DENYING PETITIONS FOR WRIT OF MANDAMUS
()
Upon consideration of Petitioners Ahokovi-Lizares Motorcars, LLC and Heselomi V. Ahokovi's petitions for a writ of mandamus, the respondent's answer, the respective supporting documents, and the record, it appears that petitioners fail to demonstrate that the respondent court flagrantly and manifestly abused its discretion in deciding the restitution issue. Petitioners, therefore, are not entitled to the requested extraordinary relief. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39 (1999) (a writ of mandamus is an extraordinary remedy; where the lower court has discretion to act, mandamus will not lie to control the exercise of that discretion even when the court 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 matter that is properly before the court under circumstances in which he or she has a duty to act). Accordingly,
IT IS HEREBY ORDERED that the petitions for writ of mandamus are denied.
DATED: Honolulu, Hawai'i, September 30, 2020.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Randal G.B. Valenciano
/s/ Richard T. Bissen