Simmons v. Savicky
CourtHawaii Intermediate Court of Appeals
Date FiledJune 30, 2026
DocketCAAP-26-0000084
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-JUN-2026
12:35 PM
Dkt. 16 ODSD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
KYLE SIMMONS, Plaintiff-Appellee,
v.
DONNIE (DONALD) SAVICKY, Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
PUNA DIVISION
(CASE NO. 3DRC-XX-XXXXXXX)
ORDER DISMISSING APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)
Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before April 6, 2026, and June 3, 2026,
respectively;
(2) Self-represented Defendant-Appellant Donnie
(Donald) Savicky (Savicky) failed to file either document;
(3) On May 4, 2026, Savicky filed a motion requesting
an extension of 14 days "to complete and file the required
response";
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
(4) On May 14, 2026, the court denied the motion
without prejudice to Savicky filing a motion that identified the
document filed in this appeal for which he sought an extension
of time to file a response;
(5) Savicky did not file another motion for extension;
(6) On June 17, 2026, the appellate clerk entered a
default notice informing Savicky that the time for filing the
statement of jurisdiction and opening brief had expired, the
matter would be called to the court's attention on June 29,
2026, for appropriate action, which could include dismissal of
the appeal, under Hawaiʻi Rules of Appellate Procedure
Rules 12.1(e) and 30, and Savicky could request relief from
default by motion; and
(7) Savicky has not taken any further action in this
appeal since filing the May 4, 2026 motion.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawaiʻi, June 30, 2026.
/s/ Karen T. Nakasone
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Daniel M. Gluck
Associate Judge
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