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FARMERS INS. EXCH. v. DIETZ

No. 51655-8-I.

87 P.3d 769 (2004)

FARMERS INSURANCE EXCHANGE, Respondent, v. Robert DIETZ and Jane Doe Dietz, husband and wife, and the marital community composed thereof; and Christy A. Klein and John Doe Klein, wife and husband, and the marital community composed thereof, Appellants.

Court of Appeals of Washington, Division 1.

April 5, 2004.

Attorney(s) appearing for the Case

Jill Diane Bowman, Molly Margaret Daily, Stoel Rives LLP, Seattle, WA, for Respondent.

Karen Kathryn Koehler, Lepley & Koehler PLLC, Bellevue, WA, for Appellants.

COX, A.C.J.

Robert Dietz and Christy A. Klein appeal the trial court's order denying reconsideration of its grant of the motion for voluntary dismissal of the complaint of Farmers Insurance Exchange and the counterclaim of Dietz and Klein pursuant to Civil Rule 41(a)(1)(B). Because the counterclaim of Dietz and Klein had not been "pleaded"—served and filed— prior to the service of Farmers' motion for dismissal and there is no showing of prejudice, the...

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