[WSBARP] Which case to follow

[John J. Sullivan]

Pardon my ignorance. I’m no litigator. But if “Arnold” applies as indicated, how is the unpublished Division II decision even binding in its own case? I’m confused. 🤔

I’m just a dumb tax attorney. I’ve dealt with Tax Court “Memo” decisions. But those are within a single court. 

John J. Sullivan

Sent from my iPad

> On Apr 8, 2021, at 8:43 AM, Jeff at bellanddavispllc.com wrote:
> 
> 
> Thanks Doug and Kary,  you have answered by question.
>  
> Jeff
>  
> From: Doug Schafer <schafer at pobox.com> 
> Sent: Thursday, April 8, 2021 8:25 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Jeff at bellanddavispllc.com
> Subject: Re: [WSBARP] Which case to follow
>  
> See page 23 of the attached slip opinion (In re Arnold, __ WA___ (2/15/2018)). It asserts that a division's published opinion is binding statewide on agencies and, presumably, on lower courts.
> 
> Doug Schafer, in Tacoma
> 
> On 4/8/2021 07:54, Jeff at bellanddavispllc.com wrote:
> Listmates:
>  
> This is off topic.  Division III issued a published opinion on a topic.  Division II issued a more recent unpublished opinion on the same topic, specifically rejecting the Division III opinion.  My case is in Division II territory.  I would like to argue the Division III analysis as controlling.  I understand unpublished opinions are not binding, but, in the practical world, which is controlling?
>  
> Any thoughts.
>  
> Jeff Davis
> 
> 
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