Smith v. Simonarson, Visser, Zender, Brandt & Thurston

Gary Smith appeals from the trial court's grant of summary judgment in favor of the defendants in Smith's malpractice action against Philip Brandt and the law firm of Simonarson, Visser, Zender, Brandt & Thurston. Smith contends that the trial court erred in finding that recording his judgment would have been a useless act under both CR 62(a) and the bankruptcy code. We agree.

In May 1985, Gary Smith retained Philip Brandt of the law firm of Simonarson, Visser, Zender, Brandt & Thurston *514to enforce his rights against Sharon Dralle as a creditor under a real estate contract. Dralle was behind in…