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Wash. Court of Appeals published opinion — 324427.pub.pdf

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Wash. Court of Appeals published opinion — 324427.pub.pdf
Jurisdiction
Washington (state)
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because of circumstances beyond their control, Le., not receiving invoices until

September 18 and October 1, 2013. A final full and specific statement was sent within a

reasonable time after the final invoices were obtained." CP at 53. The superior court

remanded the matter for entry ofjudgment and awarded reasonable attorney fees and

costs to Madison.

On Apri118, 2014, Ms. Goodeill requested discretionary review from this court. A

commissioner of this court denied Ms. Goodeill's motion. On September 3, Ms. Goodeill

moved this court to modifY the commissioner's ruling. This court granted Ms. GoodeiWs

motion to modifY and granted discretionary review.

ANALYSIS

1. Whether the superior court correctly found that DavisPro's delay in submitting its
invoices to Madison constituted "circumstances beyond the landlord's control"
under RCW 59.18.280

a. Standard ofReview

RCW 12.36.055(1) provides: "The appeal from a small claims judgment or

decision shall be de novo upon the record of the case, as entered by the district court."

Such reviews are controlled by CRLJ 73 and CRLJ 75. 3 See RALJ 1.1(b). The superior

3 Despite the 2001 amendment ofRCW 12.36.055, both CRLJ 72(b) and CRLJ 75

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No. 32442-7-III
Goodeill v. Madison Real Estate

court conducts a de novo review ofthe district court record, generally reading the exhibits

and the transcribed testimony earlier considered by the small claims court. See generally

CRLJ 75(c). Pursuant to CR 52, the superior court thereafter enters findings of fact and

conclusions oflaw. See CR I; CR 81(a).

Appellate courts generally review a superior court's findings of fact for substantial