You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Wegesend v. Clerk of the District Court, First Circuit, State of Hawaii

Citation: Not availableDocket: SCPW-10-0000228

Court: Hawaii Supreme Court; January 5, 2011; Hawaii; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In the case at hand, the petitioner sought a writ of mandamus against the Clerk of the District Court of the First Circuit, State of Hawai#i, regarding the release of rent trust funds. The Supreme Court of Hawai#i reviewed the procedural history, noting that the district court dismissed the underlying civil case on November 8, 2010, due to a lack of subject matter jurisdiction, and did not order the release of funds but instead suspended the matter to be addressed by the Circuit Court. The petitioner was advised of her right to appeal the denial of her ex parte motion by the district court on December 13, 2010, or to seek remedy in the Circuit Court under HRS § 603-21.9(6). The court underscored that mandamus relief is an extraordinary remedy requiring a clear and indisputable right, as well as the absence of alternative remedies. Finding that the petitioner had other available remedies, the court denied the petition for a writ of mandamus, thereby maintaining the status quo of the unresolved funds.

Legal Issues Addressed

Appeal and Circuit Court Jurisdiction

Application: Wegesend was informed that she could either appeal the denial of her ex parte motion or seek relief from the Circuit Court under the relevant statute.

Reasoning: The court indicated that Wegesend could appeal the district court's December 13, 2010 denial of her ex parte motion for the funds or seek their release from the Circuit Court under HRS § 603-21.9(6).

Jurisdiction and Dismissal

Application: The district court dismissed the underlying civil case for lack of subject matter jurisdiction, directing unresolved issues to be addressed by the Circuit Court.

Reasoning: The Supreme Court of Hawai#i ruled that the district court's November 8, 2010 order had dismissed the underlying civil case for lack of subject matter jurisdiction and did not instruct the release of the funds but suspended the matter, directing that any issues be addressed to the Circuit Court.

Mandamus Relief Requirements

Application: The court applied the principle that mandamus is an extraordinary remedy, requiring a clear and indisputable right to relief and the absence of alternative remedies, to deny the petition.

Reasoning: The court emphasized that mandamus relief is an extraordinary remedy requiring a clear and indisputable right to relief and the absence of alternative means to address the issue.