Bearden v. McGill

¶1 MAR 7.3 and RCW 7.06.060(1) require that a party who appeals an arbitration award and fails to improve its position at a trial de novo pay the costs and reasonable attorney fees incurred by the opposing party after the request for the trial.1 The purpose of these provisions is to “encourage settlement and discourage meritless appeals.”2

¶2 Dolphus McGill appeals the trial court’s award of $71,800 in attorney fees to James Bearden. McGill claims that he improved his position at a trial de novo he requested. In an earlier opinion,3 we agreed. We stated that a trial court should include in its…