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CARPENTER v. ELWAY

Nos. 22964-1-II, 23258-8-II, 24746-1-II, 23408-4-II.

988 P.2d 1009 (1999)

97 Wash.App. 977

Jon E. CARPENTER, a Single Man, Appellant, v. Barbara and Sam ELWAY, husband and wife, Respondents. Donald Morrow, Appellant, v. Jose Ruiz-Beyo and "Jane Doe" Ruiz-Beyo, husband and wife and their marital community composed thereof; Keam Thou and "Jane Doe" Thou, husband and wife and their marital community composed thereof, d/b/a Golden Given Sewing, Respondents. Donald Morrow, Respondent, v. Jose Ruiz-Beyo and "Jane Doe" Ruiz-Beyo, husband and wife and their marital community composed thereof; Keam Thou and "Jane Doe" Thou, husband and wife and their marital community composed thereof, Appellants. Lowell Ing, Patricia Ing, and Betty C. Foon, Respondents, v. Jimmie D. Haskins and Leatta Haskins, husband and wife, Appellants.

Court of Appeals of Washington, Division 2.

Reconsideration Denied December 30, 1999.

Attorney(s) appearing for the Case

James Marston Brown, Phillips, Krause & Brown, Aberdeen, for Appellant Carpenter.

William Robert Hickman, Marilee C. Erickson, Reed McClure, Seattle, for Appellants Keam Thou, Ruiz-Beyo; and Respondents Elway.

Walter Marland Hackett, Bremerton, for Appellants Haskins.

Mark J. Dynan, Tacoma, for Respondents Elway.

Richard L. Levandowski, Finch & Levandowski, Tacoma, for Respondents Franklin and Morrow.

Jonathan B. Noll, Foster, Pepper & Shefelman, Seattle, for Respondents Ing and Foon.

SEINFELD, J.

These four consolidated cases involve application of Mandatory Arbitration Rules (MAR) 6.2, 6.3 and 7.1(a), which set forth procedures for filing an arbitration award, seeking a trial de novo, and entering or vacating judgment on an award. Specifically, we consider the consequences of filing a request for a trial de novo before the arbitrator has filed proof of service of the arbitration award, what constitutes...

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