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HEDLUND v. VITALE

No. 26773-0-II.

39 P.3d 358 (2002)

110 Wash.App. 183

Scott W. HEDLUND, individually; Suzanne M. Hedlund, individually; Scott Hedlund and Suzanne Hedlund, husband and wife and the marital community consisting thereof; and Scott Hedlund, as Guardian ad Litem for Jessica Hedlund, Respondents, v. Jeffrey VITALE, individually; Jeffrey Vitale and "Jane Doe" Vitale I, husband and wife and the marital community consisting thereof; Vincent M. Vitale and "Jane Doe" Vitale II, husband and wife, and the marital community consisting thereof, Appellants.

Court of Appeals of Washington, Division 2.

February 1, 2002.

Attorney(s) appearing for the Case

Marilee C. Erickson, Reed McClure, Seattle, Counsel for Appellants.

Ronald D. Heslop, Attorney At Law, Tacoma, Counsel for Respondents.

SEINFELD, J.

RAP 18.1 sets forth the procedure that a party must follow to obtain attorney fees incurred on appeal to the Court of Appeals or Supreme Court. We hold that this rule applies to cases that originated in mandatory arbitration and that MAR 7.3 does not authorize the superior court to award appellate attorney fees to a party who fails to comply with RAP 18.1. Because the Hedlunds did not move for fees in the appellate court as RAP 18.1 requires, we reverse...

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