ULLERY v. FULLETON

No. 28726-2-III.

256 P.3d 406 (2011)

162 Wn. App. 596

Rod ULLERY and Dianne Ullery, husband and wife, Respondents, v. Billy L. FULLETON and Alice Fulleton, husband and wife, Patrick R. Fulleton, an individual, and Fulleton-Pacific Corp., a Washington corporation, d/b/a Fulleton-Pacific Construction, Appellants.

Court of Appeals of Washington, Division 3.

July 19, 2011.


Attorney(s) appearing for the Case

James A. Perkins , Larson Berg & Perkins PLLC, Yakima, WA, for Appellants.

Charles Edward Watts , Oseran Hahn Spring Straight Watts PS, Bellevue, WA, for Respondents.


SIDDOWAY, J.

¶ 1 We are presented in this case with the issue of whether a party whose claim was once dismissed on the basis of a curable standing defect as well as a failure of proof on a substantive element is barred by the doctrine of issue preclusion from curing the standing defect and pursuing the claim in a second action. We conclude that Rod and Dianne Ullery have not demonstrated that dismissal in a prior action of Billy and Alice Fulleton's breach of...

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