FORREST, J.
The City of Seattle appeals the trial court's order for a trial anew following a mistrial in which the court barred the City by collateral estoppel from relitigating damages assessed by the jury. We affirm.
Chau filed a motion to dismiss the appeal which was referred to this panel. At oral argument Chau waived the motion and requested a decision on the merits. Accordingly, we need not address the merits of the motion or the propriety of discretionary...
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