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SCHWARTZ v. DOUGLAS

No. 17939-7-III.

991 P.2d 665 (2000)

98 Wash.App. 836

Glenna J. SCHWARTZ and Robert E. Schwartz, husband and wife and the marital community comprised thereof, Appellants, v. Orval S. DOUGLAS and Esther H. Douglas, husband and wife, and the marital community comprised thereof, and the estate of Orval S. Douglas, Respondents.

Court of Appeals of Washington, Division 3, Panel Five.

January 13, 2000.

Attorney(s) appearing for the Case

James A. Domanico, Crary & Clark, Spokane, for Appellants.

Fred C. Pflanz, Winston & Cashatt, Spokane, for Respondents.

SCHULTHEIS, J.

Glenna and Robert Schwartz's complaint against Orval1 and Esther Douglas was filed and served on Ms. Douglas after Mr. Douglas had died, shortly before the running of the applicable statute of limitations. Although the Schwartzes later amended their complaint to add Mr. Douglas's estate as a defendant, the trial court dismissed the action as untimely. The Schwartzes appeal, contending the statute of limitations was tolled...

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