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MORRIS v. PALOUSE RIVER & COULEE CITY R.R.

No. 27038-6-III.

203 P.3d 1069 (2009)

Bill MORRIS, Respondent, v. PALOUSE RIVER AND COULEE CITY RAILROAD, INC., Appellant.

Court of Appeals of Washington, Division 3.

March 24, 2009.

Attorney(s) appearing for the Case

William J. Schroeder, Gregory C. Hesler, Paine, Hamblen LLP, Spokane, WA, for Appellant.

Gary J. Libey, Libey, Ensley, Esser & Nelson PLLC, Colfax, WA, for Respondent.

BROWN, J.

¶ 1 Palouse River and Coulee City Railroad Co., Inc. (PCC) appeal the denial of its CR 60(b) motion to vacate a default judgment acquired by Bill Morris. We grant PCC's appeal because the trial court failed to acquire jurisdiction over PCC under the service provisions of RCW 4.28.080(4) that require in-state service of PCC's agent. Accordingly, we reverse.

FACTS

¶ 2 Mr. Morris bought seven acres of undeveloped hillside property...

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