Legal Opinion · Dissent

Inland Empire Dry Wall Supply Co. v. Western Surety Company

Court of Appeals of Washington

Decided January 10, 2017No. 34022-8-IIIPublished

1DissentFearing, C.J.

¶24 (dissenting) — This appeal asks two questions. First, must the principal or purchaser of a construction hen release bond, under RCW 60.04.161, be joined and served as a party when a claimant against the bond sues to recover on the bond? Second, is the principal or purchaser of the construction hen release bond, under RCW 60.04.161, an indispensable or necessary party in a lawsuit brought by a bond claimant? Despite answering the first question in the negative, the majority addresses only the first question. I answer the first question in the positive and thus dissent. Language in chapter…

2Cases cited28 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Srcc v. Public Disclosure Com'nWashington Supreme Court · 1997
  4. Hutnick v. United States Fidelity & Guaranty Co.California Supreme Court · 1988
  5. Morton v. . TuckerNew York Court of Appeals · 1895

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