[WSBARP] Which case to follow
John J. Sullivan
sullaw at comcast.net
Thu Apr 8 09:02:01 PDT 2021
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 But if “Arnold” applies as indicated, how is the unpublished Division II decision even binding in its own case?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 Division II issued a more recent unpublished opinion on the same topic, specifically rejecting the Division III opinion.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 I understand unpublished opinions are not binding, but, in the practical world, which is controlling?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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