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SPOKANE COUNTY v. SPECIALTY AUTO AND TRUCK PAINTING, INC.

No. 21027-8-III.

79 P.3d 448 (2003)

SPOKANE COUNTY, Respondent, v. SPECIALTY AUTO AND TRUCK PAINTING, INC.; Ken and Debra Orrino, a marital community, Petitioners.

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

Publication Ordered November 18, 2003.

Attorney(s) appearing for the Case

Carl E. Hueber, Charles M. Andersen, Attorneys at Law, Spokane, WA, for Appellants.

Timothy M. Durkin, Deputy Prosecuting Attorney, Spokane, WA, for Respondent.

SWEENEY, J.

Washington court rule, CR 41, like its federal counterpart, Fed.R.Civ.P. 41, requires dismissal with prejudice, even of a voluntary nonsuit, "when obtained by a plaintiff who has once dismissed an action based on or including the same claim." CR 41(a)(4). The County of Spokane filed two suits, voluntarily dismissed both of them, and then filed a third—all for the same claims against the same defendants. The trial judge refused to dismiss...

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