WESCO DISTRIBUTION v. M.A. MORTENSON CO.

No. 38309-4-I.

946 P.2d 413 (1997)

88 Wash.App. 712

WESCO DISTRIBUTION, INC., a Delaware corporation, f/k/a Westinghouse Electric Supply Co., Appellant, v. M.A. MORTENSON COMPANY, a corporation; Board of Regents of the University of Washington; Federal Insurance Company; and National Union Fire Insurance Company of Pittsburgh, Pa, Respondents.

Court of Appeals of Washington, Division 1.

November 10, 1997.


Attorney(s) appearing for the Case

Alan Kenneth Willert, Hatch & Leslie, Seattle, for Appellant.

Dale R. Ulin, Ulin & Lambe, Seattle, for Respondents.


COX, Judge.

A trial judge in a nonjury case rendered an oral decision at the end of trial but died before entry of formal findings and conclusions. Could a successor judge enter judgment based on a transcript of the deceased judge's oral decision? We hold that under the circumstances of this case, the successor judge erred by entering judgment. Accordingly, we vacate the judgment and remand for a new trial.

This is a contest over the right to payment for electrical...

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