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DEEP WATER BREWING v. FAIRWAY RESOURCES

No. 30064-1-III.

282 P.3d 146 (2012)

DEEP WATER BREWING, LLC; a Washington limited liability corporation; Robert D. Kenagy and Roberta D. Kenagy, husband and wife and the marital community composed thereof, Respondents and Cross Appellants, v. FAIRWAY RESOURCES, LIMITED; a Washington limited liability corporation; Michael Taylor and Patricia Taylor, and the marital community composed thereof; and John Does 2-42, Defendants, Jack A. Johnson and Jane Doe Johnson, husband and wife and the marital community composed thereof; Key Development Corporation, a Washington corporation; and Key Bay Homeowners' Association, a Washington nonprofit corporation, Appellants.

Court of Appeals of Washington, Division 3.

August 9, 2012.

Attorney(s) appearing for the Case

Stephan E. Todd , Attorney at Law, Mill Creek, WA, Robert Brian Jackson , Attorney at Law, Woodinville, WA, for Appellants.

Paul S. Kube , Julie Katherine Norton , Ogden Murphy Wallace PLLC, Wenatchee, WA, E. Ross Farr , Ogden Murphy Wallace, PLLC, Seattle, WA, for Respondents and Cross Appellants.

KORSMO, C.J.

¶ 1 This appeal concerns the interest on an attorney fees award that was paid following the first appeal of this case. We conclude that (1) absent express limitation or direction, an appellate remand does not limit a trial court's existing original discretion to set an attorney fees award and (2) an opinion remanding a case must be read in its entirety. As a result, we reverse the trial court in part, affirm on the cross-appeal, and deny further...

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