Schmidt v. Gearhart

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
08-JAN-2026
07:51 AM
Dkt. 31 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THOMAS SCHMIDT, Plaintiff/Counterclaim Defendant-Appellant, v.
JERE GEARHART and DALE GEARHART,
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 DISMISSING APPEAL
(By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)
Upon consideration of Plaintiff/Counterclaim Defendant-
Appellant Thomas Schmidt's (Schmidt) November 26, 2025 Motion to
Remand to Circuit Court for Entry of a Judgment, the papers in
support and in opposition, and the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due October 13, 2025 and November 12, 2025, respectively;
(2) Schmidt failed to file either document or request
an extension of time;
(3) On November 17, 2025, the appellate clerk entered a
default notice informing Schmidt that the time for filing the
statement of jurisdiction and opening brief had expired, the
matter would be called to the court's attention on November 27,
2025 for appropriate action, which could include dismissal of the
appeal under Hawai i Rules of Appellate Procedure Rules 12.1(e)
and 30, and Schmidt could request relief from default by motion;
(4) Schmidt has not taken any further action in this
appeal;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) Schmidt seeks a temporary remand of the appeal,
arguing that the September 19, 2022 Final Judgment and March 4,
2024 Final Judgment in Favor of Brigida A. Schmidt and against
Thomas Frank Schmidt (March 4, 2024 Final Judgment) fail to
comply with the requirements of Jenkins v. Cades Schutte Fleming
& Wright, 76 Haw. 115, 869 P.21 1334 (1994), and the September
19, 2022 Final Judgment contains an error in the caption;
(6) The September 19, 2022 Final Judgment complies with
Jenkins, as it "show[s] finality as to all claims against all
parties" on its face, 76 Haw. at 120, 869 P.2d at 1339, and
Schmidt has not sought relief from the Circuit Court under
Hawai i Rules of Civil Procedure Rule 60(a) to correct any
clerical error; and
(7) The March 4, 2024 Final Judgment is not subject to
Jenkins requirements. Ditto v. McCurdy, 103 Hawai i 153, 158, 80
P.3d 974, 979 (2003) ("[T]he separate judgment requirement
articulated in Jenkins is inapposite in the post-judgment
context.").
Therefore, IT IS HEREBY ORDERED that the November 26,
2025 Motion to Remand to Circuit Court for Entry of a Judgment is
denied.
IT IS FURTHER ORDERED that the appeal is dismissed
under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30.
DATED: Honolulu, Hawai i, January 8, 2026.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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