SHEPLER CONST., INC. v. LEONARD

No. 68227-0-I.

306 P.3d 988 (2013)

175 Wn. App. 239

SHEPLER CONSTRUCTION, INC., Respondent, v. Gary LEONARD and Susan Kiraly-Leonard, and the marital community thereof, Appellants. PHH Mortgage Services Corporation, a New Jersey corporation, Defendant.

Court of Appeals of Washington, Division 1.

Publication Ordered July 9, 2013.


Attorney(s) appearing for the Case

David Christopher Spellman , Andrew J. Gabel , Lane Powell PC, Seattle, WA, for Appellant.

K. Garl Long , Attorney At Law, Mount Vernon, WA, for Respondent.


APPELWICK, J.

¶ 1 Shepler and the Leonards appear before this court on their third appeal in this case. In 2006, this court reversed a summary judgment order dismissing the Leonards' construction defect counterclaims. In 2009, we held that both parties waived arbitration, affirming the trial court's denial of the Leonards' motion to compel arbitration. We noted that the parties did not waive their underlying claims. Nevertheless, the trial court on remand barred...

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