[WSBARP] voluntary non-suit

[John M. Riley III]

Unlikely if have appeared  -- have to file motion for default before can obtain default judgment and serve motion for default on defendant.  CR 55  Usually hustle an answer in or may argue court can treat motion to dismiss as a form of answer.


John M. Riley III
Attorney | Witherspoon * Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, February 01, 2018 2:34 PM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] voluntary non-suit

In action to quiet title if the def. has not filed an answer or counterclaim but made on motion to dismiss and requested attys fees can the plaintiff prior to motion being heard get an order of dismissal  under CR 41 without notice and the  defs motion is then moot and request for attys fees in essence goes away. Thanks for your response



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





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