Schmidt v. Gearheart

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-AUG-2024
09:30 AM
Dkt. 26 ODMR
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THOMAS FRANK SCHMIDT, Plaintiff/Counterclaim Defendant-Appellant,
v. JERE GEARHEART and DALE GEARHEART,
Defendants/Counterclaimants/Third-Party Plaintiffs-Appellees, and
BRIGIDA A. SCHMIDT, Third-Party Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION FOR RECONSIDERATION
(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)
Upon consideration of the Motion for Extension of Time,
filed August 5, 2024, by self-represented Plaintiff/Counterclaim
Defendant-Appellant Thomas Frank Schmidt (Appellant), which the
court construes as a motion for reconsideration of the Order
Dismissing Appeal, filed July 25, 2024, and for relief from
default and a first extension of time for the statement of
jurisdiction and opening brief (Motion), the papers in support
and in opposition, and the record,
IT IS HEREBY ORDERED that the Motion is granted in part
and denied in part, as follows:
1. The appeal is reinstated, under Hawai i Rules of
Appellate Procedure (HRAP) Rule 26(b) and (e). The deadline to
file the statement of jurisdiction and opening brief is extended
to October 4, 2024. Any further default of the statement of
jurisdiction or opening brief may result in sanctions authorized
by HRAP Rule 12.1(e) and 30, including, without limitation,
monetary sanctions, the appeal being dismissed, or both.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

2. All other requested relief is denied.
IT IS FURTHER ORDERED that the request for judicial
notice, contained within the Memorandum of [Third-Party
Defendant-Appellee] Brigida A. Schmidt in Opposition to Vexatious
Litigant Thomas Frank Schmidt's Motion for Extension of Time
filed Aug. 5, 2024 (DKT. 22), filed August 6, 2024, is denied.
IT IS FURTHER ORDERED that the Motion to Dismiss Appeal
of Vexatious Litigant Thomas Frank Schmidt filed April 8, 2024,
filed May 13, 2024, by Brigida A. Schmidt, is denied.
DATED: Honolulu, Hawai i, August 9, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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