Imson v. Moore
CourtHawaii Intermediate Court of Appeals
Date FiledNovember 6, 2026
DocketCAAP-25-0000017
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
06-NOV-2026
07:47 AM
Dkt. 69 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
GLENDALE IMSON, Plaintiff-Appellee,
v.
PETER THOMAS MOORE, Defendant-Appellant
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. 1DV181006574)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)
Self-represented Defendant-Appellant Peter Thomas
Moore (Husband) appeals from the Family Court of the First
Circuit's1 (family court) December 11, 2024 "Order" denying with
prejudice Husband's post-decree "Motion Pursuant to [Hawaiʻi
Family Court Rules (HFCR)] Rule 11: Strike & Impose Monetary
Sanctions and Motions for Court Finding of Contempt and
Unprofessional Conduct [(HFCR Rule 11 Motion)]" (Rule 11 Order),
1 The Honorable Dyan M. Medeiros presided.
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
and April 15, 2025 "Findings of Fact and Conclusions of Law"
(April 2025 Order).
Husband raises five "[i]ssues" on appeal,2 contending
that the family court: (1) "committed procedural error by
denying [Husband's] [HFCR] Rule 11 [M]otion to strike the
["Decree Granting Absolute Divorce and Awarding Child Custody"
(Divorce Decree)] where the [Divorce Decree] was entered without
[Husband's] signature, in violation of the signature and
certification requirements of HFCR Rule 11"; (2) "erred as a
matter of law by enforcing a [D]ivorce [D]ecree that
incorporates terms of a marital settlement agreement when no
such agreement was executed or signed by [Husband]"; (3) "abused
its discretion by ratifying a [D]ivorce [D]ecree that lacked
factual or legal support in the record, thereby entering
judgment outside the bounds of reason and contrary to
established Hawaiʻi law"; (4) "abused its discretion in upholding
[Husband's] arrest for custodial interference"; and (5)
"fail[ed] to timely enter the [D]ivorce [D]ecree." (Emphasis
omitted.)
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
2 Husband's brief does not comply with Hawaiʻi Rules of Appellate
Procedure Rule 28. Among other things, Husband's brief does not set forth
"points of error," nor does it provide record citations.
2
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to the arguments advanced and the issues raised by the parties,
we resolve Husband's contentions of error as follows:
(1) We first address Husband's second, third, and
fifth contentions of error, which directly challenge the family
court's December 31, 2020 Divorce Decree. Husband's belated
attempts to challenge the Divorce Decree, through an appeal that
was taken on January 10, 2025, are untimely and therefore
waived.3 See Order Denying October 16, 2006 Motion to Dismiss
Appeal, & Order to Show Cause, Fox v. Fox, No. 28032, 2006 WL
3040640, at *2 (Haw. App. Oct. 25, 2006) (concluding that the
appellate court lacked jurisdiction to review the divorce decree
where "[t]he time period for appealing [the divorce decree]
ha[d] already expired under [Hawaiʻi Rules of Appellate
Procedure] Rule 4(a)"); see also Cleveland v. Cleveland, 57 Haw.
519, 524, 559 P.2d 744, 748 (1977) ("It would be intolerable for
an unappealed decree terminating marriage to remain uncertain as
to finality because the family court continues to retain
jurisdiction of the proceeding to deal with [collateral
matters].").
(2) Husband's first contention of error represents
that the family court erred in denying his HFCR Rule 11 Motion
3 We note that Husband made previous challenges to the Divorce
Decree that were denied by the family court in 2023 and 2024, and Husband did
not appeal the orders denying his challenges.
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"to strike the [D]ivorce [D]ecree" because the family court's
entry of the Divorce Decree without Husband's signature
constituted a "procedural error." (Emphasis omitted.) We
review the family court's denial of Husband's HFCR Rule 11
Motion under the abuse of discretion standard. See Fujimoto v.
Au, 95 Hawaiʻi 116, 138, 19 P.3d 699, 721 (2001) (concluding that
"[a]ll aspects of a [Hawaiʻi Rules of Civil Procedure (HRCP)]
Rule 11[4] determination should be reviewed under the abuse of
discretion standard." (citation omitted)).
On October 14, 2024, Husband filed the HFCR Rule 11
Motion. Husband's HFCR Rule 11 Motion argued that the Divorce
Decree was invalid for lack of Husband's signature, and that the
family court should therefore strike the Divorce Decree and
impose monetary sanctions on Wife. Wife did not file a
response. The family court heard argument from both parties on
December 11, 2024.
HFCR Rule 115 does not apply here. By its plain
language, HFCR Rule 11 requires a party or the party's attorney
4 HFCR Rule 11 is substantively similar to HRCP Rule 11.
5 HFCR Rule 11, which governs the signing of pleadings, motions and
other documents, states, in relevant part, that,
A party who is not represented by an attorney shall sign
the party's pleading, motion, or other document and state
the party's address, telephone number, facsimile number (if
any), and electronic mail address (if any). . . . The
signature of an attorney or party constitutes a certificate
(continued . . .)
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to certify that the party's own filing "is well grounded" in
fact and law, and that it is "not interposed for any improper
purpose." The family court's Divorce Decree was not Husband's
"pleading, motion, or other document."
The record reflects that Husband, when given
opportunity to present arguments, did not provide any legal or
factual support for his Rule 11 argument.
We therefore conclude that the family court did not
abuse its discretion in denying Husband's HFCR Rule 11 Motion.
(3) Husband's fourth contention represents that the
family court "abused its discretion in upholding [Husband's]
arrest for custodial interference." (Emphasis omitted.) The
5(. . . continued)
by the signer that the signer has read the pleading,
motion, or other document; that to the best of the signer's
knowledge, information, and belief formed after reasonable
inquiry it is well grounded in fact and is warranted by
existing law or a good faith argument for the extension,
modification, or reversal of existing law, and that it is
not interposed for any improper purpose, such as to harass
or to cause unnecessary delay or needless increase in the
cost of litigation. If a pleading, motion, or other
document is not signed, it shall be stricken unless it is
signed promptly after the omission is called to the
attention of the pleader or movant. If a pleading, motion,
or other document is signed in violation of this Rule, the
court, upon motion or upon its own initiative, shall impose
upon the person who signed it, a represented party, or
both, an appropriate sanction, which may include an order
to pay to the other party or parties the amount of the
reasonable expenses incurred because of the filing of the
pleading, motion, or other document, including a reasonable
attorney's fee.
(Emphasis added.)
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April 2025 Order does not "uphold[]," or otherwise reference,
the arrest of Husband "for custodial interference." And Husband
does not provide any record citations or argument that would
enable us to discern whether and, on what basis, Husband is
challenging a prior order of the family court.6 Husband's
contention lacks merit.
6 At the December 11, 2024 hearing on Husband's HFCR Rule 11
Motion, Husband referenced his "arrest," but was unable to provide any
information substantiating an arrest:
THE COURT: Nobody's asking for you to be arrested,
sir.
[HUSBAND]: But you already have. You've arrested me
for no reason whatsoever. It goes back to the simple case
of Magna Carta, the basics.
THE COURT: Nobody -- I've not heard anybody say you
have -- for you -- ask for you to be arrested.
[HUSBAND]: I have been arrested.
. . . .
THE COURT: For what?
[HUSBAND]: Exactly.
THE COURT: For what?
[HUSBAND]: Exactly (indiscernible).
THE COURT: You tell me. What were you arrested for?
[HUSBAND]: From re -- for officially I don't know.
. . . .
THE COURT: Well, you should know what you were
arrested for. There's no way for me to know what you were
arrested for.
[HUSBAND]: Which should be in the court order. It
should be in the court findings. That's what I have to
(continued . . .)
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6(. . . continued)
bring to immigration. And if you don't have it, I don't
have it.
THE COURT: This is the Family Court. If you were
arrested on a criminal charge, --
[HUSBAND]: It's not --
THE COURT: -- that information would be with the
criminal court.
[HUSBAND]: -- that's -- I was not arrested on a
criminal charge. I --
THE COURT: What were you arrested for?
[HUSBAND]: Apparently noncompliance with a court
order. And the written form of the court order differs
from the verbal form and therefore there's no possibility
of compliance. It is a catch-22 and [Wife's counsel]
should be held fully --
THE COURT: So you're saying --
[HUSBAND]: -- accountable.
THE COURT: -- you were arrested for contempt of
court? Is that what you're telling me?
[HUSBAND]: I don't know. I was arrested when I
picked up the children.
And an email which is included in the submission --
THE COURT: When were you arrested, sir?
[HUSBAND]: Uh, the first Wednesday of 2020 in
September -- of the school year.
THE COURT: 2020?
[HUSBAND]: 2021.
. . . .
THE COURT: 2021?
[HUSBAND]: Yeah.
THE COURT: Yeah. I'm looking in your -- I'm
checking your name to see if there is a record that I can
find.
(continued . . .)
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For the foregoing reasons, we affirm the Rule 11 Order
and April 2025 Order.
DATED: Honolulu, Hawaiʻi, November 6, 2026.
On the brief: /s/ Karen T. Nakasone
Chief Judge
Peter Thomas Moore,
Self-represented /s/ Clyde J. Wadsworth
Defendant-Appellant. Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
6(. . . continued)
[HUSBAND]: All right.
THE COURT: In 2021 the only thing listed for you is
some kind of traffic infraction. And a civil case. So I
don't --
[HUSBAND]: There is a case -- no, I'm surprised they
don't have it in the -- in the filing, Your Honor. One
moment, please.
THE COURT: But I can't find it. So if you can't
tell me --
[HUSBAND]: Yeah, yeah. Sure. Thank you very much.
(Emphasis added.)
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