[WSBARP] voluntary non-suit

[Carmen Rowe]

I fully agree with Eric's response (copying/pasting as I'm on digest):

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



Carmen Rowe, Attorney


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