BROOKE v. ROBINSON

No. 53823-3-I.

104 P.3d 674 (2004)

Natalie BROOKE, a/k/a Natalie Merrill, Appellant, v. James H. ROBINSON, Esq. and The Law Offices of James H. Robinson, L.L.C., a Washington corporation, Respondent.

Court of Appeals of Washington, Division One.

Publication Ordered January 14, 2005.


Attorney(s) appearing for the Case

Jeffrey L. Needle, Seattle, WA, for Appellant.

Jeffrey A. Smyth, Attorney at Law, Seattle, WA, for Respondent.


PER CURIAM.

Although Natalie Brooke prevailed on the first appeal of this action, judgment was reversed as to one defendant. On remand, the cash deposit posted in lieu of supersedeas bond on behalf of both defendants was exonerated. This was error. The deposit served to supersede the judgment as to both defendants. The fact that the posting party benefited from the reversal is irrelevant. By the parties' express agreement and by the express terms of the trial court...

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