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KALICH v. CLARK

No. 27377-6-III.

215 P.3d 1049 (2009)

Clint KALICH, Respondent, v. Dennis CLARK, Appellant.

Court of Appeals of Washington, Division 3.

September 24, 2009.

Attorney(s) appearing for the Case

David P. Boswell, Ethan A. King, Boswell Law Firm PS, Spokane, WA, for Appellant.

John C. Riseborough, Vicki L. Mitchell, Paine Hamblen LLP, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 Where a statute authorizes the award of attorney fees, an appellate court has jurisdiction to award costs, including attorney fees, even when it reverses for lack of personal or subject matter jurisdiction. Scott Fetzer Co., Kirby Co. Div. v. Weeks, 114 Wn.2d 109, 114-16, 786 P.2d 265 (1990); Thurston County v. Scammel, 7 Wn. 94, 95, 34 P. 470 (1893). Here, a district...

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