Legal Opinion

Terry v. City of Tacoma

Court of Appeals of Washington

Decided November 9, 2001No. 26014-0-IIPublishedCited by 25 opinions

1Opinion of the CourtQuinn-Brintnall, J.

— Russell Terry and his girl friend Robin Edwards (Terry) appeal from a trial court order dismissing their suit against the City of Tacoma on the grounds that they failed to timely file proof of service along with their timely request for trial de novo of an arbitrator’s decision. We hold Nevers’1 “strict compliance” is limited to the timing of the filings required before a trial de novo is perfected. Thus, we remand for a hearing to determine whether the presence of “date received” stamps from both the opposing party’s attorney and the clerk’s office on the original document filed with the…

2Cases cited15 opinions

  1. State v. GreenwoodWashington Supreme Court · 1993
  2. Millay v. CamWashington Supreme Court · 1998
  3. Nevers v. Fireside, Inc.Washington Supreme Court · 1997
  4. Nevers v. Fireside, Inc.Washington Supreme Court · 1997
  5. Millay v. CamWashington Supreme Court · 1998

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3Cited by25 opinions

  1. Manius v. BoydCourt of Appeals of Washington · 2002
  2. Terry v. City of TacomaCourt of Appeals of Washington · 2001
  3. Manius v. BoydCourt of Appeals of Washington · 2002
  4. Alvarez v. BanachWashington Supreme Court · 2005
  5. Alvarez v. BanachWashington Supreme Court · 2005

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