CHAI v. KONG

No. 52379-1-I.

93 P.3d 936 (2004)

122 Wash.App. 247

In the Matter of the Marriage of Mu CHAI, Respondent, v. Yi KONG, Appellant.

Court of Appeals of Washington, Division 1.

As Amended August 30, 2004.


Attorney(s) appearing for the Case

Catherine W. Smith, Edwards, Sieh, Smith & Goodfriend, Seattle, WA, for Appellant.

Dennis J. McGlothin, Joaquin M. Hernandez, Barokas, Martin & Tominson, Seattle, WA, for Respondent.


ELLINGTON, Acting C.J.

A decree of legal separation may be converted to a decree of dissolution by motion of either party. We hold that due process does not require new original process for such a motion. The rule permits service by personal delivery or by mail to a last known address. But Mu Chai simply left a copy of his motion in a mailbox. This method of "service" did not comply with the rules, substantially or otherwise. Where the court has personal and subject...

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