Simmons v. Savicky
This text of Simmons v. Savicky (Simmons v. Savicky) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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On May 4, 2026, Savicky filed a motion requesting an extension of 14 days "to complete and file the required response"; NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Simmons v. Savicky, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-savicky-hawapp-2026.