Franks v. Douglas

This is a malpractice action. The pleadings were closed by the plaintiff’s reply to the answer of the defendants on January 6, 1958. One year later, on January 7, 1959, the defendants moved to dismiss under Rule of Pleading, Practice and Procedure 3, 34A Wn. (2d) 69. On January 19, 1959, the motion was granted, and the action was dismissed by written order. On January 21, 1959, the plaintiff served a motion for new trial and a motion to vacate, which motions came on for hearing on January 29, 1959. At the conclusion of the argument, the trial court indicated it was of the opinion that the…