Farmers Insurance Exchange v. Dietz
Court of Appeals of Washington
1Opinion of the CourtCox, C.J.
Robert Dietz and Christy A. Klein appeal the trial court’s order denying reconsideration of its grant of the motion for voluntary dismissal of the complaint of Farmers Insurance Exchange and the counterclaim of Dietz and Klein pursuant to CR 41(a)(1)(B). Because the counterclaim of Dietz and Klein had not been “pleaded” — served and filed — prior to the service of Farmers’ motion for dismissal and there is no showing of prejudice, the trial court correctly dismissed the counterclaim. Accordingly, we affirm.
Dietz and Klein are former employees of Farmers. The Washington State Trial Lawyer’s…
2Cases cited17 opinions
- State v. GreenwoodWashington Supreme Court · 1993
- Betty v. Pace, as Administratrix of the Estate of Floyd J. Pace, Jr., Deceased v. Southern Express CompanyCourt of Appeals for the Seventh Circuit · 1969
- Beal v. City of SeattleWashington Supreme Court · 1998
- Beal for Martinez v. City of SeattleWashington Supreme Court · 1998
- Burton Stern, Bankrupt. Burton Stern, Bankrupt v. Ralph Barnett and Phillip Liss, Objecting-Creditors-AppellantsCourt of Appeals for the Seventh Circuit · 1971
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Spokane County v. Specialty Auto and Truck Painting, Inc.Washington Supreme Court · 2004
- In Re Detention of DFFCourt of Appeals of Washington · 2008
- In re the Detention of D.F.F.Court of Appeals of Washington · 2008
- McCurry v. Chevy Chase BankCourt of Appeals of Washington · 2008
- McCurry v. Chevy Chase Bank, FSBCourt of Appeals of Washington · 2008
5 more not listed; retrieve them via the Exa API.