[WSBARP] Eviction on Appeal Question

[Scott Hildebrand]

Looking for the advice of those who have some hints for unlawful detainer
cases deep in the recesses of their grey matter. This is strange.

 

Unlawful detainer based on 20 day (month to month tenancy)- I represent the
plaintiff.

No claims have been made that service was defective.

Money judgment reserved (alternative service)

At show cause, defendant talks about not having a lease, being treated
unfairly, etc. (pro se defendant)

Judge signs an order authorizing a writ.

Defendant "files" an appeal with the Court of Appeals, although there has
been no trial at Superior Court. And I am not sure how or if the appeal was
filed.

Defendant obtains a stay of the writ pursuant to RAP 8.1, which basically
says you can hold a judgment with a bond during an appeal process.

 

Questions:

Since I have never practiced appellate law, isn't there something more than
simply "filing" with the Court of Appeals? I am confident that what they
have filed will not serve as a reasonable basis for an appeal.

Can I make a motion for summary judgment here? In the superior court?

Does anyone have any practice hints going forward??

 

Thanks 

Scott Hildebrand

206-605-8874

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