Legal Opinion · Dissent

Bank of America, NA v. Owens

Washington Supreme Court

Decided October 27, 2011No. 84044-0Published

1DissentJ.M. Johnson, J.

¶30 (dissenting in part) — I join the majority in holding the “Supplemental Decree of Dissolution” entitled Kenneth Treiger to one-half of the proceeds of the Maplewood property sale before satisfaction of Bank of America’s lien. I dissent in part because I would also hold that under RCW 4.64.030(3), a judgment that fails to contain the summary required by RCW 4.64.030 lacks legal effect. Documents 1375 and 1376 do not comply.

¶31 As the majority accurately recognizes, a judgment is typically “entered” and effective from the time it is delivered to the clerk for filing. CR 58(b). The majority…

2Cases cited5 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Whatcom County v. City of BellinghamWashington Supreme Court · 1996
  3. Tunstall v. BergesonWashington Supreme Court · 2000
  4. Bowie v. Department of RevenueWashington Supreme Court · 2011
  5. Reif v. LafolletteWashington Supreme Court · 1943

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API