Legal Opinion

Housing Authority of City of Seattle v. Bin

Court of Appeals of Washington

Decided September 6, 2011No. 65003-3-IPublishedCited by 28 opinions

1Opinion of the CourtBecker, J.

¶1 An unlawful detainer action is within the subject matter jurisdiction granted to the superior court by the state constitution. When a superior court dismisses an unlawful detainer action, the reason must always be something other than lack of subject matter jurisdiction. Dismissal of an unlawful detainer action does not deprive the court of the power to make an award of attorney fees. Here, the lease authorized an award of fees to the prevailing party. Because the tenant prevailed by getting the case dismissed, the trial court properly awarded fees to the tenant.

FACTS

¶2 The Seattle Housing…

2Cases cited33 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Mahler v. SzucsWashington Supreme Court · 1998
  3. Mahler v. SzucsWashington Supreme Court · 1998
  4. Marley v. Department of Labor & IndustriesWashington Supreme Court · 1994
  5. Christensen v. EllsworthWashington Supreme Court · 2007

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3Cited by28 opinions

  1. Gander v. YeagerCourt of Appeals of Washington · 2012
  2. In re the Marriage of McDermottCourt of Appeals of Washington · 2013
  3. Angelo Property Co., Lp v. HafizCourt of Appeals of Washington · 2012
  4. Hall v. FeigenbaumCourt of Appeals of Washington · 2014
  5. Akrie v. GrantCourt of Appeals of Washington · 2013

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