[WSBARP] voluntary non-suit

[Bryce Dille]

Thank you that was my conclusion also especially where there is a contract or statute that grants attys fees to prevailing party



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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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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, February 02, 2018 10:44 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] voluntary non-suit

Bryce--So Plf filed suit, served Def, Def didn't answer or file counterclaim but has filed a Motion to Dismiss, and now Plf wants to voluntarily dismiss?

I assume the basis for attorney fees is the discretionary award under RCW 7.28.083<http://app.leg.wa.gov/RCW/default.aspx?cite=7.28.083>.

I think answer is no, the attorney fee issue does not go away. Under case law, in a voluntary dismissal, the defendant is considered the prevailing party. Defendant could effectively bring a post-dismissal motion for award of fees. Procedurally, I think the Def could persist with the Motion by filing a supplemental brief indicating that the issue of dismissal is moot but the issue of award of fees is not, and still ask the court to consider it.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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



[cid:image001.jpg at 01D1AB8F.1C8227E0]

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/>





This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures






















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