Mukilteo Investors, L.p. v. Mukilteo Retirement Apartments, L.l.c.

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON MUKILTEO RETIREMENT APARTMENTS, LLC, a Washington DIVISION ONE limited liability company, No. 69039-6-1 Respondent, PUBLISHED IN PART OPINION MUKILTEO INVESTORS LP., a Washington limited partnership; CAMPBELL HOMES CONSTRUCTION, INC., a Washington corporation, Appellant. FILED: August 19, 2013 Dwyer, J. — Rule of Appellate Procedure (RAP) 2.5(a)(2) permits an appellant to claim as error, for the first time on appeal, the "failure to establish facts upon which relief can be granted." While functioning as an exception to the general rule that…