Monday, October 14, 2013 To view the full text of these opinions, please click here. Lexis.com® subscribers may use the links below to access the cases on lexis.com. Division One of the Court of Appeals filed 1 new published opinion and announced the publication of 1 additional opinion on Monday, October 14, 2013:
1. Bank of Am., N.A. v. Owens
(October 14, 2013)
2013 Wash. App. LEXIS 2461
PROPERTY AND LAND USE LAW
Brief: Both the Washington Court of Appeals and the Washington Supreme Court held that the defendant’s lien on the real property at issue had priority over the plaintiff’s lien. On remand, the trial court had no authority to revisit the plaintiff's in rem claim that the trial court “preserved and tolled” when it rendered summary judgment in favor of the plaintiff on its other claim. The in rem claim was not raised on review of the summary judgment and the claim was, therefore, abandoned. The trial court had no authority to ignore the supreme court's mandate on remand.
2. Wash. Fed. Sav. v. Klein
(filed August 12, 2013; ordered published October 14, 2013)
2013 Wash. App. LEXIS 1869
Areas: BUSINESS AND COMMERCIAL LAW
DOMESTIC RELATIONS AND FAMILY LAW
Brief: For purposes of RCW 11.40.020(1)(c), under which a creditor who is given actual notice of a decedent’s death must present a claim against the estate within 30 days of the personal representative's service or mailing of the notice, requires only proof that an estate's notice was mailed, not proof that it was received by the creditor.
About HeadsUp: Register online to opt-in to receive future issues of the HeadsUp for Washington. To opt-out or to stop receiving this communication, use this link. For questions or comments, please write: HeadsUp@lexisnexis.com. HeadsUp for Washington is brought to you by LexisNexis®, publisher of the Washington Official Reports.