Lian v. Stalick, 106 Wash. App. 811 (2001)

Citation: Lian v. Stalick, 106 Wash. App. 811 (2001)
Parent Document: Lian v. Stalick, 106 Wash. App. 811 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-06-19
Original Source: https://www.courtlistener.com/opinion/4931615/lian-v-stalick/ ↗

Full Text

773 chars

The evolution of this rule, like many common law rules, has been bumpy. It started out as a clear statement that the court need not make negative findings. And where such findings were absent, and the evidence controverted, the presumption was that the court found against the party having the burden of proof. Maynard v. England, 13 Wn. App. 961, 968, 538 P.2d 551 (1975) (citing Schmitt v. Matthews, 12 Wn. App. 654, 659, 531 P.2d 309 (1975)); Eggert v. Vincent, 44 Wn. App. 851, 856, 723 P.2d 527 (1986); Fettig v. Dep’t of Soc. & Health Servs., 49 Wn. App. 466, 478, 744 P.2d 349 (1987). And while there are good policy reasons why the absence of a finding should be construed as a negative finding, not the least of which is finality, there are also practical reasons:

Other Sections in This Document (99)

Full Text