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CASSELL v. PORTELANCE

Nos. 67195-2-I, 67277-1-I.

294 P.3d 1 (2012)

In the Matter of the Estate of David Daniel Finch. Rhoda CASSELL, individually, and as Personal Representative of the Estate of David Finch, Appellant, v. Douglas A. PORTELANCE, MD; and Eastside Internal Medicine, PLLC, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 1.

December 3, 2012.

Attorney(s) appearing for the Case

Mark Leemon , Leemon+Royer PLLC, Seattle, WA, for Appellant.

Lory Ray Lybeck , Lybeck Murphy LLP, Mercer Island, WA, Mary H. Spillane , Williams Kastner & Gibbs, Seattle, WA, for Respondents.

BECKER, J.

¶ 1 A defendant in a wrongful death suit obtained an order vacating the appointment of the personal representative. The court then dismissed the wrongful death suit with prejudice, reasoning that the personal representative did not have the right to pursue the wrongful death suit at the time she filed it, and the statute of limitations had since expired. We reverse. The wrongful death defendant lacked standing to attack the probate court's order.<...

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