Legal Opinion
Burns v. Miller
Court of Appeals of Washington
Decided February 14, 1986No. 7396-0-IIPublishedCited by 3 opinions
1Opinion of the CourtWorswick, C.J.
—Does the chattel lien statute, RCW 60.08, authorize an award of attorney's fees to one who has only a common law possessory lien? We hold it does not.
Theodore Burns engaged Miller Marine Corporation to work on his boat. The transaction ultimately produced a lawsuit. Burns attempted to regain possession of the boat and to obtain damages. Miller Marine counterclaimed for the amount it said Burns owed. It alleged that it had "pos-sessory and statutory" liens; it retained possession of the boat throughout and never filed a notice of lien with anyone.
Miller Marine won, and was awarded substantial…
2Cases cited16 opinions
- Cox v. HeleniusWashington Supreme Court · 1985
- Public Utility District No. 1 v. Washington Public Power Supply SystemWashington Supreme Court · 1986
- State v. WrightWashington Supreme Court · 1974
- Dean v. McFarlandWashington Supreme Court · 1972
- Department of Transportation v. State Employees' Insurance BoardWashington Supreme Court · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Town Concrete Pipe of Washington, Inc. v. RedfordCourt of Appeals of Washington · 1986
- Ozark Financial Services v. TurnerMissouri Court of Appeals · 1987
- Burns v. MillerWashington Supreme Court · 1987