[WSBARP] Which case to follow

[Catherine Clark]

That is correct.  The Supreme Court ruled in In Re Arnold, 190 Wn.2d 136 that there is no horizontal stare decisis in this state.

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
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Email:  cat at loccc.com<mailto:cat at loccc.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Doug Schafer
Sent: Thursday, April 08, 2021 10:16 AM
To: John J. Sullivan <sullaw at comcast.net>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Which case to follow

I believe the Arnold opinion made it clear that a COA Division is not bound by another Division's  published opinion, and may issue a conflicting opinion -- that the WA Supreme Court will then resolve.  However, lower courts are bound by any COA Division's published opinion. An opinion by Division 2 reversing a superior court for failing to follow precedential opinions by Divisions 1 and 3 is In re Detention of Meints, 123 Wash.App. 99 (2004) (attached).

Doug Schafer, in Tacoma
On 4/8/2021 09:02, John J. Sullivan wrote:
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 But if “Arnold” applies as indicated, how is the unpublished Division II decision even binding in its own case?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<mailto:Jeff at bellanddavispllc.com> wrote:

Thanks Doug and Kary,  you have answered by question.

Jeff

From: Doug Schafer <schafer at pobox.com><mailto:schafer at pobox.com>
Sent: Thursday, April 8, 2021 8:25 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>; Jeff at bellanddavispllc.com<mailto: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<mailto: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  Division II issued a more recent unpublished opinion on the same topic, specifically rejecting the Division III opinion.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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