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LANDBERG v. CARLSON

No. 18644-0-III.

33 P.3d 406 (2001)

108 Wash.App. 749

Ronald C. LANDBERG, Sr., a single person and Kathleen L. Landberg, a single person, Appellants, v. John L. CARLSON, a single person, Respondent.

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

October 23, 2001.

Attorney(s) appearing for the Case

Ronald C. Landberg, Kathleen L. Landberg, Milton, for Appellants.

Michael J. McLaughlin, Newport, for Respondent.

BROWN, J.

Ronald Landberg, Sr. and his sister Kathleen L. Landberg claimed an easement across John L. Carlson's land. After refusing to consider the Landbergs' offer of oral testimony made for the first time at the hearing on Mr. Carlson's summary judgment motion, the trial court dismissed the Landbergs' suit and awarded Mr. Carlson attorney fees. Because the Landbergs failed to give notice before requesting oral testimony, the trial court did not err. Because the...

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