Opinion
26436
April 16, 2004.
Everett Cuskaden, Ryan Cuskaden, and Evan Uchida (Everett Cuskaden Associates), for plaintiff-petitioner on the writ.
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
Upon consideration of Petitioner Peggy Fearn's petition for a writ of mandamus and the supplemental memorandum in regard to the petition for a writ of mandamus, the papers in support, and the records and files herein, it appears that: (1) Petitioner asks this court to review the order issued by the respondent judge in Fearn v. Johnson, FC-DA 03-1-2850, wherein the respondent judge refused to take further action on Petitioner's petition for a temporary restraining order and deferred jurisdiction to the North Dakota court that was handling matters related to Petitioner's divorce and custody of a minor child in Johnson v. Fearn, Civil No. 95-C-1658, pending in the District Court, Grand Fork County, North Dakota; (2) Petitioner also filed a motion in the North Dakota case asking North Dakota to decline to exercise its jurisdiction and to relinquish jurisdiction to the Hawai`i court; (3) on March 26, 2004, the North Dakota court issued a memorandum decision granting Petitioner's motion and relinquishing jurisdiction to the Hawai`i family court; (4) inasmuch as the North Dakota court relinquished jurisdiction over these matters to the Hawai`i court and Petitioner can seeks any appropriate relief in the Hawai`i family court, the issuance of a writ of mandamus is not warranted. See Kema v. Gaddis, 91 Haw. 200, 204, 982 P.2d 334, 338 (1999) (citing Straub Clinic Hospital v. Kochi, 81 Haw. 410, 414, 917 P.2d 1284, 1288 (1996)) (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 the alleged wrong or obtain the requested action). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to Petitioner seeking any appropriate relief in the Family Court of the First Circuit.