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BANK OF AMERICA, N.A. v. OWENS

No. 70225-4-I.

311 P.3d 594 (2013)

177 Wn. App. 181

BANK OF AMERICA, N.A., a national association, Respondent, v. J'Amy Lyn OWENS, an unmarried person; Shulkin Hutton, Inc., P.S., a Washington professional service corporation; and Edmund John Wood, Defendants, Kenneth Treiger, a married person as to his separate estate, Appellant.

Court of Appeals of Washington, Division 1.

October 14, 2013.

Attorney(s) appearing for the Case

Catherine Wright Smith , Valerie A. Villacin , Smith Goodfriend PS, Jerry Richard Kimball , Attorney at Law, Cynthia B. Whitaker , Law Offices of Cynthia B. Whitaker, Seattle, WA, for Appellant.

Edmund John Wood , Wood & Jones PS, Seattle, WA, Jerome Shulkin , Shulkin Hutton Inc. PS, Mercer Island, WA, for Defendants.

Thomas Scott Linde , Zachary E. Davies , Schweet Linde & Coulson, PLLC, Lisa M. Johnson , Schweet, Rieke & Linde, PLLC, Seattle, WA, for Respondent.

GROSSE, J.

¶ 1 An appellate court's mandate is the law of the case and binding on the lower court and must be followed. Here, both this court and the Supreme Court held that appellant Kenneth Treiger's lien on the real property at issue had priority over Bank of America's lien.1 On remand, the trial court had no authority to revisit the Bank's in rem claim that the trial court "preserved and tolled" when it rendered summary judgment...

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