CITY OF SPOKANE v. WARD

No. 21728-1-III.

92 P.3d 787 (2004)

122 Wash.App. 40

CITY OF SPOKANE, Petitioner, v. Robert W. WARD, Respondent.

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

June 22, 2004.


Attorney(s) appearing for the Case

Michelle D. Szambelan, City Attorney's Office, Spokane, WA, for Appellant.

Robert W. Critchlow, Attorney at Law, Spokane, WA, for Respondent.


SCHULTHEIS, J.

By statute, no costs or attorney fees are awarded in a traffic infraction case. RCW 46.63.151. By court rule, however, substantially prevailing parties on appeal from a court of limited jurisdiction are entitled to costs. RALJ 9.3. Robert Ward successfully appealed a district court finding that he committed a traffic infraction. The superior court judge awarded Mr. Ward costs expended on the appeal pursuant to the court rule. On appeal of this judgment...

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