Lipcon v. Maliko Coffee Cottages
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 5, 2026
DocketCAAP-25-0000305
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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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
05-OCT-2026
08:10 AM
Dkt. 77 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
LAUREN LIPCON, Plaintiff-Appellant,
v.
MALIKO COFFEE COTTAGES, MAURICE SMITH, SYDNEY SMITH,
and MURPHY TAUA, individual/business, Defendants-Appellees,
DOES 1-100, Defendants.
MALIKO COFFEE COTTAGES, MAURICE SMITH, SYDNEY SMITH,
MURPHY TAUʻA, HANA A. VANDERVOORT, JOSEPH B. JACOBS,
ANDREW S. FISHER, ELLEN M. FISHER and the COUNTY OF MAUI,
Counterclaimants-Appellees,
v.
LAUREN LIPCON, Counterclaim Defendant-Appellant.
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CCV-XX-XXXXXXX)
ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Nakasone, Chief Judge, Leonard and McCullen, JJ.)
Upon consideration of Plaintiff/Counterclaim
Defendant-Appellant Lauren Lipcon's (Lipcon) June 5, 2026
"Notice of Mootness and Motion to Dismiss Interlocutory Appeal"
(Motion to Dismiss Appeal), the papers in support and in
opposition, and the record, it appears that Lipcon seeks
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
dismissal of her appeal challenging the Circuit Court of the
Second Circuit's April 14, 2025 "Order Denying [Lipcon]'s Motion
to Compel Arbitration of Amended Counterclaim".
Lipcon's appeal seeks to enforce arbitration of the
Amended Counterclaim filed by Defendants/Counterclaimants-
Appellees Maliko Coffee Cottages et al. (Maliko Coffee). After
Lipcon appealed, the circuit court appears to have dismissed the
Amended Counterclaim on its merits. With no Amended
Counterclaim to arbitrate, Lipcon moves to dismiss her appeal as
moot. See Lathrop v. Sakatani, 111 Hawaiʻi 307, 312, 141 P.3d
480, 485 (2006) ("Courts will not consume time deciding abstract
propositions of law or moot cases, and have no jurisdiction to
do so.") (citation omitted); County of Hawaiʻi v. Ala Loop
Homeowners, 123 Hawaiʻi 391, 405, 253 P.3d 1103, 1117 (2010) ("A
case is moot if it has lost its character as a present, live
controversy" and "if the reviewing court can no longer grant
effective relief.") (citations omitted).
Arbitrability "is easily severable from the merits of
the underlying disputes." Moses H. Cone Mem'l Hosp. v. Mercury
Constr. Corp., 460 U.S. 1, 20-21 (1983); Motorola Credit Corp.
v. Uzan, 388 F.3d 39, 53 (2nd Cir. 2004) ("The issue, therefore,
is whether the trial of a case on the merits is 'involved in' an
appeal of an order denying arbitration. The only authority in
this Circuit strongly suggests that it is not."); Britton v. Co-
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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
op Banking Grp., 916 F.2d 1405, 1412 (9th Cir. 1990) ("Since the
issue of arbitrability was the only substantive issue presented
in this appeal, the district court was not divested of
jurisdiction to proceed with the case on the merits.") (footnote
omitted), abrogated by Coinbase, Inc. v. Bielski, 599 U.S. 736,
740 (2023) ("[A] district court must stay its proceedings while
the interlocutory appeal on arbitrability is ongoing.").
Because the Amended Counterclaim upon which the appeal
is based has been dismissed, and because Maliko Coffee may not
appeal from the circuit court's refusal to allow an appeal from
its interlocutory order dismissing the Amended Counterclaim, we
elect to dismiss the appeal pursuant to Hawaiʻi Rules of
Appellate Procedure Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the Motion to
Dismiss Appeal is granted.
DATED: Honolulu, Hawaiʻi, October 5, 2026.
/s/ Karen T. Nakasone
Chief Judge
/s/ Katherine G. Leonard
Associate Judge
/s/ Sonja M.P. McCullen
Associate Judge
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