CourtListener 10868675

Gesamter Gesetzestext

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
02-JUN-2026
07:58 AM
NO. CAAP-24-0000805Dkt. 55 SO

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CRESCENT CUSTOM HOMES MAUI LLC,
a Hawai#i limited liability company, Lienor-Appellant,
v.
LARRY L. LAWRENCE and TERRY G. LAWRENCE, as Trustees of
The Larry L. Lawrence and Terry G. Lawrence 2004 Revocable Trust;
FIVE STAR BANK, Respondents-Appellees,
and DOES 1-10, Respondents

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CML-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Leonard and Hiraoka, JJ.)

This is an appeal from the dismissal of Crescent Custom
Homes Maui LLC's mechanic's lien application affecting property
owned by Larry M. Lawrence and Teri G. Lawrence.1 Crescent
appeals from the Final Judgment entered by the Circuit Court of
the Second Circuit.2 The Lawrences challenge jurisdiction. We
affirm the Final Judgment.
Crescent contracted to build a custom single-family
home for the Lawrences on a cost-plus-percentage basis. The
Lawrences allegedly defaulted on paying Crescent $242,804.19 "for
labor and materials furnished by" Crescent.
Crescent applied for a mechanic's lien on the
Lawrences' property under Hawaii Revised Statutes Chapter 507.

1
The mechanic's lien application's caption misidentified the
Lawrences. They did not move to amend the caption, but they refer to
themselves as Larry M. Lawrence and Teri G. Lawrence in the documents they
filed in circuit court and on appeal.
2
The Honorable Michelle L. Drewyer presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

The Lawrences moved to dismiss. The circuit court granted the
motion. Crescent appealed. The circuit court entered the Final
Judgment after two temporary remands.
The Lawrences make the same jurisdictional arguments
made by the Causeys in Crescent Custom Homes Maui LLC v. Causey,
___ Hawai#i ___, ___ P.3d ___ (App. 2026). We have jurisdiction
over this appeal because the dismissal order ended the mechanic's
lien proceeding, leaving nothing further to be accomplished, and
was appealable once the circuit court entered the separate
judgment required under Hawai#i Rules of Civil Procedure Rule 58.
Causey, ___ Hawai#i at ___, ___ P.3d at ___.
Crescent's notice of appeal was timely. The dismissal
order was entered on June 7, 2024. Crescent's notice of appeal
was filed on November 27, 2024, before entry of a final judgment.
The premature notice of appeal was deemed filed when the Final
Judgment was entered on April 30, 2026, on the second temporary
remand. Hawai#i Rules of Appellate Procedure Rule 4(a)(2).
Crescent argues the circuit court erred by granting the
Lawrences' motion to dismiss. It makes the same arguments it
made in Causey. Its contract with the Lawrences contained the
same "Use of Subcontractors" provision in its contract with the
Causeys (Teri Lawrence did not sign the acknowledgment). The
subcontractor provision did not comply with Hawaii Administrative
Rules § 16-77-80(a)(5) (2004). Thus, as a matter of law, the
contract was void and unenforceable. Causey, ___ Hawai#i at ___,
___ P.3d at ___ (citing 808 Development, LLC v. Murakami, 111
Hawai#i 349, 141 P.3d 996 (2006)).
The circuit court did not err by granting the
Lawrences' motion to dismiss. The April 30, 2026 Final Judgment
is affirmed.
DATED: Honolulu, Hawai#i, June 2, 2026.

On the briefs:
/s/ Karen T. Nakasone
Anna H. Oshiro, Chief Judge
Kira-Nariese K. Brown,
Jack R. Naiditch, /s/ Katherine G. Leonard
for Lienor-Appellant. Associate Judge

Scott I. Batterman, /s/ Keith K. Hiraoka
for Respondents-Appellees. Associate Judge