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PARADISE ORCHARDS GENERAL PARTNERSHIP v. FEARING

No. 22046-0-III.

94 P.3d 372 (2004)

122 Wash.App. 507

PARADISE ORCHARDS GENERAL PARTNERSHIP, a Washington General Partnership, Appellants, v. George FEARING and Leavy, Schultz, Davis & Fearing, P.S., Respondents.

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

July 13, 2004.

Attorney(s) appearing for the Case

Mark A. Johnson, Sims G. Weymuller, Donovan R. Flora, Johnson, Flora, Seattle, WA, for Appellants.

John R. Creatura, Tacoma, WA, for Respondents.

BROWN, J.

Paradise Orchards (Paradise) sued its former lawyer, George Fearing, and his law firm (collectively Mr. Fearing) in Benton County alleging he negligently prepared a remedies clause in an earnest money agreement involving the sale of Paradise's orchard. In previous litigation in Franklin County between Paradise and the buyer, a judge gave an interlocutory, unappealed ruling that the remedies clause did not allow specific performance, allegedly forcing Paradise...

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