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MUNDEN v. HAZELRIGG

No. 51223-0.

105 Wn.2d 39 (1985)

711 P.2d 295

RICHARD D. MUNDEN, Respondent, v. THOMAS R. HAZELRIGG III, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

December 12, 1985.

Attorney(s) appearing for the Case

Davis, Wright, Todd, Riese & Jones, by Hall Baetz and David Tarshes, for petitioners.

Riddell, Williams, Bullitt & Walkinshaw, by David D. Buck and Kyle R. Samuels, for respondent.

BRACHTENBACH, J.

This case concerns an unlawful detainer action in which a lessor sued for possession and back rent and tenants counterclaimed for damages to personalty. The trial court dismissed the tenants' counterclaim without prejudice and tenants appealed the dismissal.

Two issues are presented. First, is a dismissal without prejudice appealable where there is no bar to a subsequent suit? Second, once possession is no longer at issue in an unlawful detainer...

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