McDonald v. Moore

Nancy Moore seeks review of a trial court order denying her cross motion for summary judgment. By that motion, Moore sought dismissal of Gloria McDonald's action for specific performance of a testamentary option clause.

There is no right of appeal from an order denying summary judgment. Sea-Pac Co. v. United Food & Comm'l Workers Local Union 44, 103 Wn.2d 800, 801-02, 699 P.2d 217 (1985); Roth v. Bell, 24 Wn. App. 92, 104, 600 P.2d 602 (1979). However, a notice of appeal from such an order will be treated as a notice for discretionary review. RAP 5.1(c). Discretionary review may be granted…