DALTON v. STATE

Nos. 19517-1-III, 22530-5-III.

124 P.3d 305 (2005)

130 Wash.App. 653

Casey DALTON, Individually, and as Personal Representative of the Estate of Dirk Devlin Dalton, Deceased; and James J. Hines, individually, Appellants, v. STATE of Washington, et al., Defendants, Craig Ambroson, M.D., a physician; Cindy Rae Norman, M.D., a physician; Spectrum Emergency Care, Inc., a Missouri Corporation; and Kimberly Grijalva Cross Berry, a former licensed foster mother, Respondents.

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

Publication Ordered December 8, 2005.


Attorney(s) appearing for the Case

Ron Perey, Carla Tachau Lawrence, Attorneys at Law, Seattle, WA, James W. Grow, Law Office of James W. Grow, Jr., PLLC, Lewiston, ID, for Appellants.

Marc A. Lyons, Ramsden & Lyons, Coeur D'Alene, ID, Kimberly G.C. Berry, Richland, WA, Christopher H. Howard, Kelly D. Cadigan-McGee, Holland, Knight LLP, Seattle, WA, for Respondents.


KURTZ, J.

¶ 1 In this appeal, the appellants vigorously dispute the trial court's findings and, accordingly, ask us to reverse its order granting the respondents' CR 60(b) motion for relief from judgment. The trial court chose to believe a declarant who testified that her written statement had been changed after she signed it. There was other evidence that indicated otherwise. But, as the court has often stated, "an appellate tribunal is not permitted to weigh...

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