Webb Transfer Line, Inc. v. Meigs

WADDILL, Commissioner.

The sole question raised is whether respondent may exercise his discretion to grant or deny a request for an extension of time pursuant to CR 73.02(1) under the circumstances presented in this proceeding.

In a written memorandum opinion the respondent indicated that he is precluded from exercising discretion in view of the provisions of CR 77.04 and the fact that the petitioners signed a statement on a copy of the judgment waiving notice of its entry. Apparently respondent considered such waiver as foreclosing petitioners’ right to an extension of time based on excusable…