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JACKOWSKI v. BORCHELT

No. 36944-3-II.

209 P.3d 514 (2009)

Timothy L. JACKOWSKI and Eri Jackowski, husband and wife, Appellants, v. David BORCHELT and Robin Borchelt, husband and wife; Hawkinspoe, Inc. dba Coldwell Banker Hawkins-Poe Realtors; Himlie Realty, Inc., and Vince Himlie, Broker for Windermere Himlie Real Estate, real estate brokers, and Robert Johnson and Jef Conklin, real estate agents, Respondents.

Court of Appeals of Washington, Division 2.

June 16, 2009.

Attorney(s) appearing for the Case

Jon Emmett Cushman, Attorney at Law, Benjamin D. Cushman, Stephanie M.R. Bird, Cushman Law Offices PS, Olympia, WA, for Appellants.

Jeffrey Paul Downer, Lee Smart PS Inc., Melanie A. Leary, L'Nayim Shuman-Austin, Demco Law Firm PS, Matthew F. Davis, Attorney at Law, Seattle, WA, Carolyn Miller Bixel, Law Offices of Carrie M. Bixel PS, Issaquah, WA, Robert William Johnson, Attorney at Law, Shelton, WA, for Respondents.

BRIDGEWATER, J.

¶ 1 Following landslide damages to their waterfront home, Timothy and Eri Jackowski appeal the Mason County Superior Court's summary judgment dismissal of their fraud and misrepresentation claims against the seller, the seller's agent, and the Jackowskis' own real estate agent. The Jackowskis also fault the trial court for granting their real estate agent's motion to strike the Jackowskis' jury demand. We affirm in part and reverse and remand...

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