MAGUIRE v. TEUBER

No. 51484-9-I.

85 P.3d 939 (2004)

120 Wash.App. 393

John MAGUIRE and Patricia Maguire, husband and wife and the marital community composed thereof, Respondents, v. Steven A. TEUBER and Jane Doe Teuber, husband and wife and the marital community composed thereof; William W. Hadsall and Jane Doe Hadsall, husband and wife and the marital community composed thereof; and Defendants, The State of Washington, Appellant.

Court of Appeals of Washington, Division 1.

March 8, 2004.


Attorney(s) appearing for the Case

Jennifer Meyer, Office Of The Attorney General, Olympia, WA, for Appellant.

Anthony Dougherty, Attorney At Law, Everett, WA, for Respondents.


AGID, J.

The State of Washington, one of three defendants in this case, appeals the trial court's order denying its motion to dismiss the other two defendants after they settled with the plaintiff. The settlement is memorialized in a covenant not to execute, which the trial court determined did not release the settling defendants. We hold that the covenant not to execute does operate as a release, and we reverse and remand to dismiss the settling defendants.

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