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LUND v. BENHAM

No. 19743-3-III.

34 P.3d 902 (2001)

109 Wash.App. 263

Linda LUND and Robert Lund, husband and wife, individually and the marital community composed thereof, Respondents, v. Steve BENHAM and Jane Doe Benham, husband and wife, individually and the marital community composed thereof, Petitioners.

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

November 20, 2001.

Attorney(s) appearing for the Case

Steven M. Cronin, Mullin, Cronin, Casey & Blair, Spokane, Counsel for Appellants.

Lloyd A. Herman, Lloyd A. Herman & Associates, P.S., Spokane, Counsel for Respondents.

BROWN, J.

Linda Lund and Robert Lund (Ms. Lund) filed suit against Steve Benham and Jane Doe Benham (Mr. Benham), which triggered a 90-day tolling period to the statute of limitations for perfecting service of process. Ms. Lund obtained an order to publish the summons. Eight days after the 90-day tolling period had expired, a local newspaper published the summons. The trial court denied Mr. Benham's summary judgment motion to dismiss and motion to reconsider. This...

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