NO. 29805
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
CATINA BEAM, nka CATINA STEFANIK, Petitioner,
vs.
THE HONORABLE
LINDA K.C. LUKE, JUDGE OF THE FAMILY COURT
OF THE FIRST
CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(FC-D NO.
07-1-0232)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Catina Stefanik and the papers in support, it
appears that the motion to dismiss the custody proceeding is not
scheduled for hearing after the custody trial inasmuch as
the motion to dismiss is scheduled for hearing on July 15, 2009,
Wednesday, at 8:30 a.m. and the custody matter is
scheduled for trial during
the week of -- not on
-- July 13, 2009. There is no evidence that the motion to dismiss will
not be
heard before commencement of the custody trial and the denial of the
motion to shorten the time to hear the motion to
dismiss is reviewable on appeal from a final order on the custody
proceeding. Thus, petitioner is not entitled to mandamus
relief. See Kema v. Gaddis, 91 Hawai‘i
200, 204, 982 P.2d 334, 338 (1999) (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 intended to supersede the legal
discretionary authority of the
lower courts, nor are they intended to serve as legal remedies in lieu
of normal
appellate procedures.). Accordingly,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, May 15, 2009.