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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hawkins v. Diel, 166 Wash. App. 1 (2011)

Citation
Hawkins v. Diel, 166 Wash. App. 1 (2011)
Parent Document
Hawkins v. Diel, 166 Wash. App. 1 (2011)
Jurisdiction
Washington (state)
Effective Date
2011-11-18

Other Sections in This Document (37)

Full Text

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The statute does not define the prevailing party as one who prevailed on a claim which authorized attorney fees. The statute focuses rather on the relief afforded to the parties for the entire suit whether or not the underlying claim provides for fees. See generally Rowe v. Floyd, 29 Wn. App. 532, 535 n.4, 629 *12P.2d 925 (1981). After consolidation, both the Hertzes’ claim and the Riebes’ claim were part and parcel of the same suit. CR 42(a). Both parties prevailed on their respective claims and thus neither is a “prevailing party.”