Legal Opinion · Dissent

Daves v. Nastos

Court of Appeals of Washington

Decided January 21, 1985No. 13923-1-IPublished

1DissentRingold, J.

(dissenting) — Even assuming arguendo4 that the trial court has the power to change the child's name for the "best interests of the child," the trial court decision here should be reversed. I respectfully dissent from the majority opinion because it misconstrues the rules pertaining to assignment of error and the failure to make findings of fact.

Assignment of Error

The trial court entered the following "finding of fact":

Under RCW 26.26.130, the Court has the authority to change the name of the child in this matter. Accordingly, the Court directs that the last name of the child be changed from…

2Cases cited11 opinions

  1. State Ex Rel. Carroll v. JunkerWashington Supreme Court · 1971
  2. State v. Reader's Digest Ass'nWashington Supreme Court · 1972
  3. Daughtry v. Jet Aeration Co.Washington Supreme Court · 1979
  4. McCutcheon v. BrownfieldCourt of Appeals of Washington · 1970
  5. State Ex Rel. Clark v. HoganWashington Supreme Court · 1956

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