Stott Property Management LLC v. Simmons

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-DEC-2025
08:31 AM
Dkt. 202 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STOTT PROPERTY MANAGEMENT LLC, as managing agent,
Plaintiff/Counterclaim Defendant-Appellee,
v.
KELVIN SIMMONS,
Defendant/Counterclaimant-Appellant; and
LEONIDA SIMMONS,
Defendant/Counterclaimant-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)
Upon review of the record, it appears that:
(1) Defendant/Counterclaim-Appellant Kelvin Simmons
(Simmons) filed the notice of appeal in this matter on July 7,
2025. The record on appeal was filed on August 26, 2025. The
statement of jurisdiction and opening brief were due, without
extension, on September 5, 2025 and October 6, 2025,
respectively. Hawai#i Rules of Appellate Procedure (HRAP)
Rules 12.1(a), 28(b).
(2) On October 13, 2025, the appellate clerk entered a
Default of Statement of Jurisdiction and Opening Brief, stating
the time for filing the statement of jurisdiction expired on
September 5, 2025; the time for filing the opening brief expired
on October 6, 2025; the matter would be called to the court's
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

attention on October 23, 2025 for action that could include
dismissal, pursuant to HRAP Rules 12.1(e) and 30; and that
Simmons could seek relief from default by motion.
(3) Simmons has not filed a motion seeking relief from
default, and has not filed the statement of jurisdiction and
opening brief.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai#i, December 30, 2025.

/s/ Karen T. Nakasone
Chief Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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