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Mizukami v. Don Quijote (USA) Co. Ltd.

Supreme Court of Hawaii

July 11, 2013

CAROLYN MIZUKAMI, Petitioner,
v.
DON QUIJOTE (USA) CO. LTD., DTRIC INSURANCE COMPANY, LTD., Respondents.

ORIGINAL PROCEEDING (CIV. NO. 12-1-3273-12).

Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

Upon consideration of the document submitted by petitioner Carolyn Mizukami entitled "Plaintiff's Original Proceeding for this Supreme Court of Hawai'i's Findings of the Unconstitutionally-Applied HRS § 605-14 Unauthorized-Practice-of- Law, In-Itself & to Abrogate Fundamental Rights Secured by the HRS Chapter 551D Uniform Durable Power of Attorney Act Amongst States & in Circuit Court Civil No. 12-1-003273", which the appellate clerk's office filed on July 5, 2013, and which the court reviews as a petition for a writ of mandamus, and the record, it appears that petitioner has alternative means to seek the requested relief and, therefore, is not entitled to a writ of mandamus. 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 motion is denied.


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