Colwell v. Etzell

(concurring) — I concur in the result reached by the majority. But I disagree with the analysis leading to that result and, therefore, write separately.

1. STANDARD OF REVIEW

This case was resolved by the court’s summary judgment in favor of William and Lurena Colwell. And we review a summary judgment de novo. Hill v. Cox, 110 Wn. App. 394, 402, 41 P.3d 495, review denied, 147 Wn.2d 1024 (2002). The court’s findings of fact are, then, superfluous. If the material facts were disputed, then summary judgment was not appropriate. Hubbard v. Spokane County, 146 Wn.2d 699, 706 n.14, 50 P.3d 602…