[WSBARP] Eviction on Appeal Question

[Rod Harmon]

A notice of appeal is filed in the superior court case from which the appeal is taken.  Look in the superior court file for the notice of appeal.  Check the Rules of Appellate Procedure for compliance with the rules.  Check with the court of appeals for that court's case number.  Make sure you contact the right division.  You can do it online, but if you call, the clerk with phone duty will probably look it up for you.
Once a notice of appeal is timely filed, the superior court loses jurisdiction over the case.  The court of appeals has a summary procedure called a "motion on the merits."  It is heard by a court commissioner.  There is a rule.  I think it is RAP 17.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Thursday, August 3, 2017 6:13 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Eviction on Appeal Question

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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