HUDSON v. HAPNER

No. 35797-6-II.

187 P.3d 311 (2008)

Lea HUDSON, individually, Respondent, v. Clifford and "Jane Doe" HAPNER, individually and the marital community composed thereof; and Matthew Norton, a Washington corporation, Appellants.

Court of Appeals of Washington, Division 2.

July 8, 2008.


Attorney(s) appearing for the Case

Elizabeth Ann Jensen, Attorney at Law, Fircrest, WA, Marilee C. Erickson, Reed McClure, Seattle, WA, for Appellants.

Benjamin Franklin Barcus, Kari Ingrid Lester, Ben F. Barcus & Associates PLLC, Tacoma, WA, for Respondent.


ARMSTRONG, J.

¶ 1 We granted discretionary review to consider whether a party who requests a trial de novo after arbitration, obtains an unfavorable judgment at trial, and then successfully appeals that judgment may, before the second trial, withdraw his request for the trial de novo. Because the policy behind Mandatory Arbitration Rule (MAR) 7.3 requires us to favor the original arbitration award over continued litigation, we hold that the party may withdraw...

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