[WSBARP] Eviction on Appeal Question

[HOWARD HERMAN]

There are a million cases that say an order from a show cause hearing is not
a final judgment. A show cause hearing only decides who is entitled to
possession while the other issues go to trial. You can execute on your writ
unless the tenant files a bond and stays the writ. RCW 29.18.380

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Friday, August 4, 2017 3:41 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Eviction on Appeal Question

 

Cool, thanks!

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Thursday, August 3, 2017 10:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Eviction on Appeal Question

 

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

   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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