Cadiz v. Cadiz

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 08-JAN-2026 07:57 AM Dkt. 45 OGMR NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

LEO CADIZ and FLORENCIA CADIZ as Co-Trustees of the JOSUE B. CADIZ AND LEONARDA V. CADIZ REVOCABLE LIVING TRUST DECLARATION DATED MAY 29, 1993, Plaintiffs/Counterclaim Defendants-Appellees, v. ALEX CADIZ, Defendant/Counterclaimant/ Third-Party Plaintiff-Appellant, and ERNESTO BASCONCILLO, and LEONILA C. BASCONCILLO, Defendants/Counterclaimants/Third-Party Plaintiffs-Appellees, and LEA CADIZ, LEANNE CADIZ, LENNY CADIZ and LINDSEY CADIZ, Third-Party Defendants-Appellees, and JOHN DOES 1-5, JANE DOES 1-5, DOE CORPORATIONS 1-5, DOE PARTNERSHIPS 1-5, DOE CORPORATIONS 1-5 and DOE LIMITED LIABILITY COMPANIES 1-5, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-XX-XXXXXXX)

ORDER GRANTING MOTION FOR PARTIAL RECONSIDERATION (By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)

Upon consideration of Defendants/Counterclaimants/ Third-Party Plaintiffs-Appellees Ernesto Basconcillo and Leonila C. Basconcillo's (together, the Basconcillos) January 2, 2026 Motion for Partial Reconsideration of Order Dismissing Appeal, the papers in support, and the record, 1 The court did not consider the unauthorized Response by Appellee [sic] Leo Cadiz and Florencia Cadiz (Nakamura), Co-Trustees, Lea Cadiz, Leanne Cadiz, Lenny Cadiz and Lindsey Cadiz to Motion for Partial Reconsideration of Order Dismissing Appeal Filed by Basconcillos, filed January 5, 2026, by Plaintiffs/Counterclaim Defendants-Appellees Leo Cadiz and Florencia Cadiz, as co-trustees of the Josue B. Cadiz and Leonarda V. Cadiz Revocable Living Trust Declaration Dated May 29, 1993, and Third-Party Defendants-Appellees Lea Cadiz, Leanne Cadiz, and Lindsey Cadiz. See Hawai i Rules of Appellate Procedure (HRAP) Rule 40(c) ("No response to a motion for reconsideration . . . will be received unless requested by the appellate court.").

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER IT IS HEREBY ORDERED that the motion for partial reconsideration is granted. HRAP Rule 40. The Order Dismissing Appeal, filed January 2, 2026, is corrected to reflect the appeal in CAAP-XX-XXXXXXX is by self-represented Defendant/ Counterclaimant/Third-Party Plaintiff-Appellant Alex Cadiz only, the Basconcillos are appellees in the appeal, and Alex Cadiz's appeal is dismissed for failure to file the statement of jurisdiction and opening brief.

DATED: Honolulu, Hawai i, January 8, 2026.

/s/ Karen T. Nakasone Chief Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge