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S.D. DEACON CORP. v. GASTON

No. 61702-8-I.

206 P.3d 689 (2009)

S.D. DEACON CORPORATION OF WASHINGTON, a Washington corporation, Respondent, v. GASTON BROTHERS EXCAVATING, INC., a Washington corporation, Appellant.

Court of Appeals of Washington, Division 1.

May 11, 2009.

Attorney(s) appearing for the Case

Sage Andrew Linn, Linville Law Firm PLLC, Seattle, WA, for Appellant.

John Todd Henry, Peter Noel Ralston, Oles Morrison Rinker & Baker LLP, Seattle, WA, for Respondent.

BECKER, J.

¶ 1 Trial courts should take care not to let the frivolous lien statute be misused to deprive contractors of their right to a trial on a lien claim. The summary release of a lien under RCW 60.04.081 is not to occur unless the lien is so devoid of merit that the claim has no possibility of succeeding. This appeal involves an ordinary contract dispute with factual issues that should not have been decided on affidavits. We reverse and remand for reinstatement...

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