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TERRY v. CITY OF TACOMA

No. 26014-0-II.

36 P.3d 553 (2001)

109 Wash.App. 448

Russell O. TERRY and Robin A. Edwards, Appellants, v. CITY OF TACOMA, a political subdivision of the State of Washington; the Tacoma Police Department; K. Wales, Badge No. 137, individually and in his official capacity as a Tacoma Police Officer; and J. Weinzierl, Badge No. 312, individually and in his official capacity as a Tacoma Police Officer; "John Does No. 1-22", Badge Nos. Unknown, individually and in their official capacity as Tacoma Police Officers, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered December 14, 2001.

Attorney(s) appearing for the Case

Brett Andrews Purtzer, Law Offices of Monte E. Hester, Tacoma, Counsel for Appellant.

Jean P. Homan, Assistant City Attorney, Tacoma, Counsel for Respondent.

QUINN-BRINTNALL, J.

Russell Terry and his girlfriend Robin Edwards (Terry) appeal from a trial court order dismissing their suit against the City of Tacoma on the grounds that they failed to timely file proof of service along with their timely request for trial de novo of an arbitrator's decision. We hold Nevers1 "strict compliance" is limited to the timing of the filings required before a trial de novo is perfected. Thus, we remand...

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