Legal Opinion
Tacoma Recycling, Inc. v. Capital Material Handling Co.
Court of Appeals of Washington
Decided December 26, 1985No. 7199-1-IIPublishedCited by 9 opinions
1Opinion of the CourtReed, J.
—Capital Material Handling Company (CMH) appeals from a Pierce County Superior Court judgment in favor of Tacoma Recycling, Inc. (TRI), entered June 24, 1983. We vacate the judgment and remand for new trial.
CMH failed to appear at trial on TRI's breach of contract action in 1980. Utilizing CR 40(a)(5) because of CMH's failure to appear, TRI presented its case and obtained a money judgment against CMH. CMH appealed the trial court's decision. On April 11, 1983, Division One of this court held:
[TRI's] failure to give 5 days' notice of the content of the proposed findings and conclusions…
2Cases cited11 opinions
- Arrow-Hart, Inc. v. Philip Carey Co.Court of Appeals for the Sixth Circuit · 1977
- Wold v. WoldCourt of Appeals of Washington · 1972
- State Ex Rel. Wilson v. KayWashington Supreme Court · 1931
- Whalen v. Ford Motor Credit Co.Court of Appeals for the Fourth Circuit · 1982
- Shephard v. GoveWashington Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- DGHI, ENTERPRISES v. Pacific Cities, Inc.Washington Supreme Court · 1999
- State v. OlsonCourt of Appeals of Washington · 1987
- Ohlmaier v. Industrial Com'n of ArizonaArizona Supreme Court · 1989
- State v. BryantCourt of Appeals of Washington · 1992
- In re the Marriage of CrosettoCourt of Appeals of Washington · 2000
4 more not listed; retrieve them via the Exa API.