Lipcon v. Maliko Coffee Cottages

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-JAN-2026 10:44 AM Dkt. 60 ORD

NOS. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

LAUREN LIPCON, Plaintiff/Counterclaim Defendant-Appellant, v. MALIKO COFFEE COTTAGES, MAURICE SMITH, SYDNEY SMITH, and MURPHY TAUA, individual/business, Defendants/Counterclaimants-Appellees, and HANA A. VANDERVOORT, JOSEPH B. JACOBS, ANDREW S. FISHER, ELLEN M. FISHER, and COUNTY OF MAUI, Counterclaimants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CCV-XX-XXXXXXX)

ORDER (1) DENYING MOTION TO CONSOLIDATE APPEALS AND (2) DISMISSING CASE NO. CAAP-XX-XXXXXXX (By: Nakasone, Chief Judge, Leonard and McCullen, JJ.)

Upon consideration of Plaintiff-Appellant Lauren Lipcon's (Lipcon) December 14, 2025 motion to consolidate CAAP- XX-XXXXXXX and CAAP-XX-XXXXXXX (Motion to Consolidate), the papers in support, and the record in case numbers CAAP-25- 0000305 and CAAP-XX-XXXXXXX, it appears that: NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

1. Lipcon seeks to consolidate the appeals in case numbers CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX; 2. In case number CAAP-XX-XXXXXXX, Lipcon appealed from the Circuit Court of the Second Circuit's April 1, 2025 oral ruling on her December 21, 2023 "Motion to Compel Arbitration of Amended Counterclaim" (Motion to Compel Arbitration) filed in 2CCV-XX-XXXXXXX; 3. On April 14, 2025, the circuit court reduced the oral ruling to a written order denying Lipcon's Motion to Compel Arbitration (Order Denying Motion to Compel Arbitration); 4. The Order Denying Motion to Compel Arbitration is a final, appealable order under Hawaiʻi Revised Statutes § 658A- 28(a)(1) (2016) and Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 4(a)(2), and both appeals are from the Order Denying Motion to Compel Arbitration. The notice of appeal in CAAP-XX-XXXXXXX, though premature, is deemed timely-filed under HRAP Rule 4(a)(2), and the notice of appeal in CAAP-XX-XXXXXXX was timely-filed under HRAP Rule 4(b)(1); and 5. Therefore, the appeal in case number CAAP-25- 0000405 is duplicative and unnecessary, as the court will review the Order Denying Motion to Compel Arbitration in case number CAAP-XX-XXXXXXX. Accordingly, we will sua sponte dismiss the appeal in case number CAAP-XX-XXXXXXX, rendering the request for consolidation moot. See Ogeone v. Au, Nos. CAAP-XX-XXXXXXX and NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

CAAP-XX-XXXXXXX, 2019 WL 972542, at *1 (App. Feb. 27, 2019) (Order).

Thus, IT IS ORDERED that the appeal in case number CAAP-XX-XXXXXXX is dismissed as unnecessary, and all pending motions in CAAP-XX-XXXXXXX are dismissed as moot.

IT IS FURTHER ORDERED that the Motion to Consolidate in CAAP-XX-XXXXXXX is denied as moot.

IT IS FURTHER ORDERED that the appellate clerk shall file this order in case numbers CAAP-XX-XXXXXXX and CAAP-25- 0000405.

DATED: Honolulu, Hawaiʻi, January 14, 2026.

/s/ Karen T. Nakasone Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Sonja M.P. McCullen Associate Judge