Schmidt v. Schmidt

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 20, 2020
• Docket: CAAP-19-0000788
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-MAY-2020 10:23 AM

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

BRIGIDA AYSON SCHMIDT, Petitioner-Appellee, v. THOMAS FRANK SCHMIDT, Respondent-Appellant

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-DA NO. 19-1-1722)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.) Upon review of the record, it appears that: (1) On November 6, 2019, self-represented Respondent- Appellant Thomas Frank Schmidt (Thomas Schmidt) filed the notice of appeal; (2) On January 6, 2020, the circuit court clerk filed the record on appeal; (3) On January 7, 2020, the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on or before January 16, 2020, and February 18, 2020, respectively; (4) Thomas Schmidt did not file either document or request an extension of time; (5) On March 9, 2020, the appellate clerk notified Thomas 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called to the court's attention on March 19, 2020, for appropriate action, which could include dismissal of the appeal, NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Thomas Schmidt could request relief from default by motion; and (6) Thomas Schmidt took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, May 20, 2020.

/s/ Lisa M. Ginoza Chief Judge

/s/ Katherine G. Leonard Associate Judge

/s/ Clyde J. Wadsworth Associate Judge