Schmidt v. Gearheart

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-APR-2025
08:13 AM
Dkt. 44 ODSD
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 DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On July 25, 2024, the court dismissed the appeal
filed by self-represented Plaintiff/Counterclaim Defendant-
Appellant Thomas Schmidt from the Circuit Court of the First
Circuit's March 4, 2024 "Final Judgment in Favor of Brigida A.
Schmidt and Against Thomas Frank Schmidt" under Hawai i Rules of
Appellate Procedure (HRAP) Rules 12.1(e) and 30 due to his
default of the statement of jurisdiction and opening brief;
(2) On August 9, 2024, the court granted Schmidt's
request for reconsideration of the dismissal, reinstating the
appeal, and extending the deadline for the statement of
jurisdiction and opening brief to October 4, 2024; the court
cautioned Schmidt that any further default of the statement of
jurisdiction or opening brief may result in sanctions, including
the appeal being dismissed;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(3) On October 4, 2024, the court further extended the
deadline for the statement of jurisdiction and opening brief to
November 18, 2024; and
(4) Schmidt failed to file either document and has not
taken any further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed, under HRAP Rules 12.1(e) and 30.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, April 29, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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