NO. 26553
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
MELINDA L.
CHEE,
Plaintiff-Petitioner,
vs.
ALLENE
R. SUEMORI, Judge,
Family Court of the First Circuit, Respondent,
KEVIN SUN WAI CHEE, Defendant-Respondent,
and
KIMBERLY
TOWLER, Custody Guardian Ad Litem-Respondent.
ORIGINAL
PROCEEDING
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Petitioner Melinda L. Chee's letters dated April
20, 2004, April 27, 2004, and April 29, 2004
wherein she asks the court for a "Writ of Superintending Control" and
which were filed and considered as a petition for a
writ of mandamus or prohibition directed to a judge, the papers in
support, and the records and files herein, it appears that:
(1) Petitioner is seeking review of rulings issued by the family
court in Chee v. Chee,
FC-D 95-1599, presently pending in
the Family Court of the First Circuit, and asks this court to exercise
supervisory jurisdiction over the family court; (2) a
writ of mandamus or prohibition is an extraordinary remedy that will
not issue unless the petitioner demonstrates a clear
and indisputable right to relief and a lack of other means to redress
adequately the alleged wrong or to obtain the requested
action, and such writs are not meant to supersede the legal
discretionary authority of the lower courts or to serve as legal
remedies in lieu of normal appellate procedures. Kema v. Gaddis, 91 Hawai`i
200, 204, 982 P.2d 334, 338 (1999) (citing
Straub Clinic & Hospital
v. Kochi, 81 Hawai`i 410, 414, 917 P.2d 1284, 1288 (1994)); (3)
review of the family court
record shows that Petitioner is represented by counsel; (4) according
to the family court minutes entered after a hearing on
June 4, 2004, the family court indicated that it would consider a
motion and schedule a hearing to resolve remaining issues
raised by Petitioner; (5) inasmuch as the family court case is
ongoing and the family court is considering the issues
presented by Petitioner in her letters to the supreme court, Petitioner
presents no valid reason for the supreme court to
exercise its supervisory jurisdiction at this time; and (6) Petitioner
has a remedy by way of appeal from any adverse
judgment or order entered in post divorce proceedings. Therefore,
IT IS HEREBY
ORDERED that Petitioner's request for a "Writ of Superintending
Control" is denied without prejudice to
Petitioner presenting any issues in the family court proceeding and
without prejudice to any remedy Petitioner may have by
way of appeal.
DATED: Honolulu,
Hawai`i, July 15, 2004.
Melinda L. Chee,
petitioner pro se,
on the writ