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SHERMAN v. DIEDRICH

No. 64878-1-I.

SUE SHERMAN, Appellant, v. DENNIS DIEDRICH, Respondent.

Court of Appeals of Washington, Division One.

Filed: April 25, 2011.

Attorney(s) appearing for the Case

Counsel for Appellant(s), Sue Sherman , (Appearing Pro Se), 614 106th Pl Sw, Everett, WA, 98204,

Counsel for Respondent(s), David Lawrence Day , Fairhaven Legal Associates. PS, Po Box 526, Burlington, WA, 98233-0526,

UNPUBLISHED OPINION

Grosse, J.

Newly discovered evidence justifies vacation of a judgment only if the evidence is material and could not, by due diligence, have been discovered in time to move for a new trial. Because the newly discovered evidence in this case satisfies neither of these prerequisites, and because appellant otherwise fails to demonstrate error, we affirm the order denying appellant's motion to vacate, approving the referee's report and proposed...

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