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WOODWARD v. LOPEZ

No. 42757-5-II.

300 P.3d 417 (2013)

174 Wn. App. 460

Bobbi WOODWARD, as Personal Representative of the Estate of Johanna Ellwanger, deceased, Appellant, v. Hector LOPEZ and Nita L. Lopez, and the marital community composed thereof; Trent Dale Herbert and Michelle Lee Herbert, and the marital community composed thereof; and Neda J. Herbert, a single woman, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered April 30, 2013.

Attorney(s) appearing for the Case

Joseph Philip Tall , Attorney at Law, Seattle, WA, for Appellant.

Matthew David Mills , Matthew D. Mills , Attorney at Law, PLLC, Bremerton, WA, for Respondents.

VAN DEREN, J.

¶ 1 Bobbi Woodward, as personal representative of the Johanna Ellwanger estate,1 appeals the trial court's order granting partial summary judgment in favor of Hector and Nita Lopez, Trent and Michelle Herbert, and Neda Herbert (collectively the Lopezes). The trial court held that no genuine issue of material fact remained and as a matter of law (1) the express easement on the Lopez property does not benefit Ellwanger...

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