BOES v. BISIAR

No. 21827-9-III.

94 P.3d 975 (2004)

Shirley M. BOES, Appellant, v. Eric BISIAR and Jane Doe Bisiar, husband and wife, Respondents.

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

July 13, 2004.


Attorney(s) appearing for the Case

Stephen L. Nordstrom, Attorney at Law, Spokane, WA, for Appellant.

Steven R. Stocker, Matthew T. Ries, Attorneys at Law, Spokane, WA, for Respondent.


SWEENEY, J.

Service by publication first requires a diligent effort to serve and then some showing that the defendant is trying to avoid service. RCW 4.28.100(2). Our disposition here turns on the sufficiency of the plaintiff's showing that the defendant attempted to avoid service. We conclude that leaving the state for the final 10 days of the service period raises a sufficient inference of an attempt to avoid service of process. And we reverse the trial court's...

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