ADKINSON v. DIGBY, INC.

No. 49000-7.

99 Wn.2d 206 (1983)

660 P.2d 756

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN JAMES R. ADKINSON, ET AL, Appellants, v. DIGBY, INC., ET AL, Appellees.

The Supreme Court of Washington, En Banc.

March 24, 1983.


Attorney(s) appearing for the Case

A. Lee Petersen, for appellants.

Chris J. Rigos, Nicholas C. Newman, and Lee, Smart, Cook & Martin, P.S., Inc., for appellees.


DIMMICK, J.

The following issue was certified by the United States Ninth Circuit Court of Appeals:

Is an action timely filed under RCW 4.16.170 if the complaint is filed on the last day permitted under the relevant statute of limitations and the defendant, although not served with process within 90 days thereafter, files a voluntary notice of appearance within those 90 days?

Our answer is no.

The stipulated facts reveal the following chronology...

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