HWANG v. McMAHILL

No. 45107-3-I.

15 P.3d 172 (2000)

103 Wash.App. 945

Anna HWANG, Appellant, v. Maureen McMAHILL, Respondent.

Court of Appeals of Washington, Division 1.

December 26, 2000.


Attorney(s) appearing for the Case

Charles Kenneth Wiggins, Kenneth Wendell Masters, Bainbridge Island, for Appellant.

Dan Robert Young, Bjorklund & Young, Seattle, for Respondent.


COX, J.

The dispositive issue in this unlawful detainer action is whether the trial court abused its discretion by vacating the default judgment against Maureen McMahill in favor of Anna Hwang. Because there was no mistake, surprise, or excusable neglect pursuant to CR 60(b)(1), and no material defense to the unlawful detainer complaint, we reverse the order on revision and vacate the judgment on the jury verdict.

The material facts are undisputed. In November...

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