Legal Opinion · Dissent

Malott v. Randall

Court of Appeals of Washington

Decided February 28, 1973No. 713-3Published

1DissentMcInturff, J.

(dissenting) — This court does not acquire jurisdiction if the notice of appeal is filed prior to the entry of judgment or more than 30 days after entry of the judgment. See Glass v. Windsor Nav. Co., 81 Wn.2d 726, 504 P.2d 1135. However, what constitutes entry of a judgment in this state is subject to doubt. Under the majority’s interpretation of CR 58 the notice of appeal starts running from the day the signed judgment is handed to the clerk. Although there is, indeed, dictum in various Washington cases which support this interpretation, the holdings of Washington cases, the reason behind…

2Cases cited39 opinions

  1. Mitchell v. OvermanSupreme Court of the United States · 1881
  2. State ex rel. Brown v. BrownWashington Supreme Court · 1903
  3. Forsyth v. DowWashington Supreme Court · 1914
  4. Chaffee v. HawkinsWashington Supreme Court · 1916
  5. Quareles v. City of SeattleWashington Supreme Court · 1901

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