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ALLYN v. ASHER

No. 33365-1-II.

131 P.3d 339 (2006)

132 Wash.App. 371

Jill D. ALLYN, individually and as Administrator of the Estate of Joseph Steven Allyn, deceased, and Eric P. Johnson, as Guardian ad Litem for Joseph Bryce Allyn, a minor, Plaintiffs, v. Steven ASHER and Vickie Asher, husband and wife, and the marital community composed thereof, Defendants, Scott Malfait and Cheryl Malfait, husband and wife, dba Hi-Way Fuel, Third Party Defendants. Mark S. Farhood, Plaintiff, v. Steven Asher and Vickie Asher, husband and wife, and the marital community composed thereof; Jill D. Allyn, individually and as Administrator of the Estate of Joseph Steven Allyn, deceased, and Eric P. Johnson, as Guardian ad Litem for Joseph Bryce Allyn, a minor; Scott Malfait and Cheryl Malfait, husband and wife, dba Hi-Way Fuel, Defendants. Mark S. Farhood, Tee Jay Vaughn, Patricia Vaughn, Trustee of the Vaughn Family Trust, Respondents, v. Jill D. Allyn, individually and as administrator of the Estate of Joseph Steven Allyn, deceased, and Eric P. Johnson, as guardian ad litem for Joseph Bryce Allyn, a minor, Appellants.

Court of Appeals of Washington, Division 2.

April 4, 2006.

Attorney(s) appearing for the Case

Ben Shafton, Attorney at Law, Vancouver, WA, for Appellant.

Arnold Joseph Barer, Attorney at Law, Seattle, WA, for Respondent.

BRIDGEWATER, P.J.

¶ 1 Mark Farhood moves to dismiss Jill Allyn's appeal of the trial court's order enforcing this court's mandate in a prior appeal. After a commissioner initially denied his motion, we heard oral argument on his motion under RAP 17.5(b) and 17.7. We hold that RAP 12.2 limits RAP 2.2(a) to prohibit an appeal of an order enforcing mandate because RAP 12.2 makes our earlier decision binding on the parties and on the trial court unless a postjudgment...

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