NO. 29925
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
MELANIE SATO, Petitioner,
vs.
THE HONORABLE
MICHAEL F. BRODERICK, JUDGE OF THE FAMILY
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I, and
MIKE A.
TROUT, Respondents.
ORIGINAL PROCEEDING
(FC-DA NO.
09-1-1202)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Melanie Sato and the papers in support, it
appears that petitioner can file a protective notice of appeal to
preserve her right to appeal and petitioner can obtain
relief from the July 2, 2009 temporary protective order at the July 27,
2009 hearing on the motion for protective order. Therefore, petitioner
is not entitled to extraordinary 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.). Accordingly,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, July 13, 2009.