Wash. Supreme Court published opinion — 1013299.pdf

Citation: Wash. Supreme Court published opinion — 1013299.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1013299.pdf ↗

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anything short of strict compliance renders a trial de novo request invalid. The

Lewises have not established grounds to excuse their noncompliance due to the

COVID-19 pandemic or the faulty court form available on the Pierce County

Superior Court’s website. Because the Lewises did not properly seek a trial de novo,

their attempted appeal of the prearbitration summary judgment order was ineffective

and we decline to reach the merits of their appeal. We disapprove of the Court of

Appeals decision in Zimmerman insofar as it suggests a party may appeal a

prearbitration order granting partial summary judgment without seeking a trial de

novo.

On the issue of attorney fees, we vacate the current fee awards and remand to

the trial court for full consideration of both parties’ requests for attorney fees and

cost under the statutes and rules at issue. Consideration of the requests for attorney

fees and costs on appeal in this court and the Court of Appeals will abide the trial

court’s determination of entitlement to fees under the various statutes.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Crossroads Management, LLC v. Ridgway et al., No. 101329-9

WE CONCUR:

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Coburn, J.P.T.

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