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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lian v. Stalick, 25 P.3d 467 (2001)

Citation
Lian v. Stalick, 25 P.3d 467 (2001)
Parent Document
Lian v. Stalick, 25 P.3d 467 (2001)
Jurisdiction
Washington (state)
Effective Date
2001-06-19

Other Sections in This Document (107)

Full Text

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LaHue's requirement of uncontradicted evidence gave way to a more generous exception in Douglas Northwest, Inc. v. Bill O'Brien & Sons Construction, Inc., where a negative finding was presumed unless "ample evidence to support the missing finding, and the findings entered by the court, viewed as a whole, demonstrate that the absence of the specific finding was not intentional." Douglas N.W., Inc. v. Bill O'Brien & Sons Constr., Inc., 64 Wash.App. 661, 682, 828 P.2d 565 (1992). But we refuse to apply this presumption where the end result would be directly contrary to the evidence presented at trial. See Tacoma Commercial Bank v. Elmore, 18 Wash.App. 775, 778-79, 573 P.2d 798 (1977).