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SPOKANE COUNTY v. SPECIALTY AUTO AND TRUCK PAINTING, INC.

Nos. 74539-1, 75328-8.

103 P.3d 792 (2004)

153 Wash.2d 238

SPOKANE COUNTY, Petitioner, v. SPECIALTY AUTO AND TRUCK PAINTING, INC., Ken and Debra Orrino, a marital community, Respondents. Bianca Faust, individually and as guardian of Gary C. Faust, a minor, and Bianca Celestine Mele, Bryan Mele, Beverly Mele, and Albert Mele, Respondents, v. Bellingham Lodge No. 493, Loyal Order of Moose, Inc., Alexis Chapman and Moose International, Inc., Petitioners, and Mark Albertson, as Personal Administrator for the Estate of Hawkeye Kincaid, Deceased, Additional Defendant.

Supreme Court of Washington, En Banc.

Decided December 23, 2004.

Attorney(s) appearing for the Case

Timothy Michael Durkin, Spokane, for Petitioner.

William Edward Fitzharris, Meredith Jill Hillman, Michael Edward Ricketts, Kingman Peabody Pierson & Fitzharris, Seattle, for Petitioners Bellingham Lodge # 493, Loyal Order of Moose Inc., Moose International Inc., and Alexic Chapman.

Charles Matthew Andersen, Carl Edward Heuber, Winston & Cashatt Lawyers, Spokane, for Respondents Specialty Auto and Truck Painting Inc. and Ken and Debra Orrino.

Mark David Albertson, Albertson Law Group PS, Kent, for Defendant Mark Albertson.

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, Steven John Chance, Bellingham, for Respondents Bianca Faust, Albert and Beverly Mele, Bianca Celestine Mele, and Bryan Mele.

JOHNSON, J.

This consolidated case involves interpretation of Superior Court Civil Rule 41(a)(4), the "two dismissal" rule. We accepted review of both matters to resolve an apparent conflict between divisions of the Court of Appeals. We affirm the result of both the Court of Appeals decision in Spokane County v. Specialty Auto & Truck Painting, Inc., 119 Wn.App. 391, 79 P.3d 448 (2003) and the trial court decision in

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