Trust Created Under the Will of Damon

── Trust Created Under the Will of Damon ── Court: Hawaii Intermediate Court of Appeals Date: May 21, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-MAY-2026 07:54 AM Dkt. 78 SO NO. CAAP-XX-XXXXXXX (CONSOLIDATED WITH CAAP-XX-XXXXXXX) IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I TRUST CREATED UNDER THE WILL OF SAMUEL M. DAMON, Deceased APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (PROBATE NO. 1LP000006664) SUMMARY DISPOSITION ORDER (By: Wadsworth, Presiding Judge, and McCullen and Guidry, JJ.) These consolidated appeals concern an arbitration award resolving an attorney fee dispute (Arbitration Award), which was issued in favor of Lienors-Appellees Bosko Petricevic and Bosko Petricevic Attorney at Law, LLLC (together, Lienors or Petricevic) and against Lienors' former client, Beneficiary- Appellant Myrna B. Murdoch (Murdoch). Murdoch appeals from the following orders entered by the Circuit Court of the First Circuit (Circuit Court) in Probate Case No. 1LP000006664 (Probate Case):1/ (1) the September 26, 2023 Order Granting "Lienors['] . . . Motion to Confirm 'Final Arbitration Decision and Award', Dated August 9, 2023, on Behalf of Lienors . . . and to Release Funds Held by the Court to the Lienors . . .", Filed On August 14, 2023 - Dkt. 1687 (Order Confirming Arbitration Award); 1/ The orders arose out of a contested matter that was assigned by the probate court to the circuit court civil trials calendar under Hawai #i Probate Rules Rule 20(b).  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER and (2) the April 23, 2026 Amended Order Denying Ms. Murdoch's "Motion to Vacate Arbitration Award" - Dkt. 1760 (Amended Denial Order).2/ On appeal, Murdoch contends that the Circuit Court erred: (1) in confirming and failing to vacate the Arbitration Award despite that Petricevic "ha[d] a conflict of interest as he still represented [Murdoch] in [civil] case [number 1CCV-20- 0000957 (Civil Case)]" at the time of the arbitration hearing; (2) in failing to rule that the Arbitration Award "covered both the [Probate C]ase and the [Civil C]ase"; (3) in confirming and failing to vacate the full amount of the Arbitration Award despite several bases for reducing the award; (4) in confirming and failing to vacate the Arbitration Award despite that Murdoch "was not afforded proper due process" in that "she was foreclosed from presenting her own dispositive motion" in the arbitration; and (5) in confirming and failing to vacate the Arbitration Award "despite clear bias by the arbitrator."3/ We review the Circuit Court's ruling on an arbitration award de novo. Tatibouet v. Ellsworth, 99 Hawai#i 226, 233, 54 P.3d 397, 404 (2002). After reviewing the record on appeal and the relevant legal authorities, and giving due consideration to the issues raised and the arguments advanced by the parties, we resolve Murdoch's contentions as follows, and affirm. (1) Murdoch contends that the Circuit Court should not have confirmed and instead should have vacated the Arbitration Award because Petricevic had a conflict of interest during the July 12, 2023 arbitration hearing, as he still represented 2/ Murdoch originally appealed in appellate case number CAAP-24- 0000051 from the December 22, 2023 Order Denying Ms. Murdoch's "Motion to Vacate Arbitration Award" - Dkt. 1760 (Denial Order). The Honorable James H. Ashford entered the Order Confirming Arbitration Aw