Schmidt v. Hearhart

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-JAN-2026 09:15 AM Dkt. 36 OGMR 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 GRANTING MOTION FOR RECONSIDERATION (By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Plaintiff/Counterclaim Defendant- Appellant Thomas Schmidt's (Schmidt) self-represented January 12, 2026 Motion to Set Aside Order Dismissing Appeal, the papers in support, and the record, IT IS HEREBY ORDERED that the motion is granted as follows: 1. The appeal is reinstated.

2. Schmidt shall file the statement of jurisdiction on February 2, 2026 and the opening brief on March 2, 2026.

DATED: Honolulu, Hawai i, January 22, 2026.

/s/ Katherine G. Leonard Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge