Background
Miyoko Mizuno, acting without counsel, appealed after she and Danny Ng reached an on-the-record settlement during a July 18, 2024 district-court proceeding. They agreed to dismiss their claims against each other, and $2,500 held in a rent trust fund would be released to Ng.
After a temporary remand for entry of an appealable order, the District Court of the First Circuit, Honolulu Division entered an order dismissing the case with prejudice on October 21, 2025. Mizuno challenged the settlement and earlier district-court rulings concerning exhibits, witnesses, an invoice, and property-related allegations.
The Court’s Holding
The Intermediate Court of Appeals affirmed the dismissal with prejudice. Mizuno’s argument in her reply brief that her settlement assent was not knowing and voluntary was waived because she did not raise it in her amended opening brief.
The court also found no record support for Mizuno’s assertion that the district court awarded Ng $5,000; the July 18 transcript instead reflected the agreed release of $2,500 from the rent trust fund. Her challenges to pre-settlement rulings failed because she agreed to dismiss all claims with prejudice, and a properly executed settlement generally precludes further litigation between its parties.
Key Takeaways
- An argument first raised in a reply brief is waived.
- An appellant must identify record support for a claimed error and show how it was brought to the trial court’s attention.
- A settlement dismissing claims with prejudice generally forecloses appellate challenges to earlier rulings in the settled case.
Why It Matters
The order underscores that parties who settle and dismiss their claims with prejudice ordinarily cannot continue litigating pre-settlement disputes on appeal. It also illustrates the importance of presenting all appellate arguments, with record citations, in the opening brief.