Schmidt v. Gearheart

• Court: Hawaii Intermediate Court of Appeals
• Decided: July 25, 2024
• Docket: CAAP-24-0000284
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-JUL-2024 07:56 AM Dkt. 20 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 Guidry, JJ.) Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before May 31, 2024, and July 1, 2024, respectively; (2) Self-represented Plaintiff-Appellant Thomas Frank Schmidt (Appellant) failed to file either document, or request an extension of time; (3) On July 8, 2024, the appellate clerk entered a default notice informing Appellant 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 July 18, 2024, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30, and Appellant could request relief from default by motion; and (4) Appellant has not taken any further action in this appeal. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, July 25, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Kimberly T. Guidry Associate Judge