POLELLO v. KNAPP

No. 11804-5-III.

68 Wn. App. 809 (1993)

847 P.2d 20

TIMOTHY J. POLELLO, Respondent, v. ANDREW T. KNAPP, Petitioner.

The Court of Appeals of Washington, Division Three.

February 23, 1993.


Attorney(s) appearing for the Case

Silas E. Carroll and Montgomery & Carroll, for petitioner.

Richard J. Hayden; Terry L. Deglow and Deglow Law Firm, for respondent.


THOMPSON, J.

Andrew T. Knapp seeks review of the trial court's refusal to dismiss the lawsuit filed against him by Timothy J. Polello. He contends dismissal was mandated by CR 41(b)(1).1 We reverse and dismiss.

On January 27, 1987, Mr. Polello and his wife filed a chapter 7 bankruptcy petition. On May 1, 1987, Mr. Polello filed this personal injury lawsuit based on acts allegedly occurring May 4, 1985. Mr. Knapp appeared, answered...

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