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JOHNSON v. HORIZON FISHERIES, LLC

No. 61126-7-I.

201 P.3d 346 (2009)

Michael JOHNSON, Appellant, v. HORIZON FISHERIES, LLC, and Aleutian Spray Fisheries, Inc., Respondents.

Court of Appeals of Washington, Division 1.

February 9, 2009.

Attorney(s) appearing for the Case

George Houston Luhrs, Attorney at Law, Seattle, WA, for Appellant.

David Carl Bratz, Legros Buchanan and Paul, Seattle, WA, for Respondents.

AGID, J.

¶ 1 Michael Johnson sued Horizon Fisheries in March 2005 and later dismissed that action. He then filed a second identical action against Horizon, and Horizon moved under CR 41(d) for the costs it incurred defending against the first action. The trial court awarded Horizon $2,762.57 and entered a stay preventing Johnson from prosecuting his second action until he paid Horizon. When Johnson did not pay the cost...

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