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COUNTY OF HAWAI`I v. UNIDEV, LLC

No. SCWC-10-0000188.

301 P.3d 588 (2013)

129 Haw. 378

COUNTY OF HAWAI`I, a municipal corporation of the State of Hawai`i, Respondent/Plaintiff-Appellee, v. UNIDEV, LLC, a Delaware limited liability company, Petitioner/Defendant and Counterclaimant-Appellant, v. County of Hawai`i, a municipal corporation of the State of Hawai`i, Hawaii Island Housing Trust, a Hawai`i corporation; and Waikoloa Workforce Housing, LLC, a Hawai`i limited liability company, Respondents/Counterclaim Defendants-Appellees. (Civil No. 09-1-264K) County of Hawai`i, a municipal corporation of the State of Hawai`i, Respondent/Plaintiff-Appellant, v. UNIDEV, LLC, a Delaware limited liability company, and UNIDEV Hawaii, LLC, a Delaware limited liability company, Petitioners/Defendants-Appellees. (Civil No. 10-1-427K)

Supreme Court of Hawai`i.

May 22, 2013.

Attorney(s) appearing for the Case

Paul Alston , Maren L. Calvert , and Claire Wong Black , Honolulu, for petitioner.

Katherine A. Garson , Laureen L. Martin , Wailuku, and Joseph K. Kamelamela , for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold first, that, Hawai`i Revised Statutes (HRS) § 658A-28(a) (Supp.2005),2 which enumerates the appeals that "may" be taken from a court order concerning an arbitration proceeding, does not represent an exclusive list of appealable orders. Thus, although not listed in HRS § 658A-28(a), the order compelling arbitration in the instant case, is sufficiently "final" under our collateral order...

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