Norton v. Brown

Full title: Jeffrey M. NORTON, a married person, Respondent, v. Loyal W. BROWN and…

Court: Court of Appeals of Washington, Division 2

Date published: Jun 13, 2000

3 P.3d 207 (Wash. Ct. App. 2000)

Opinion

3 P.3d 207 (Wash.App. Div. 2 2000) Jeffrey M. NORTON, a married person, Respondent, v. Loyal W. BROWN and Jane Doe Brown, husband and wife, Appellants. No. 17961-3-III. Court of Appeals of Washington, Division 2. June 13, 2000.

        Prior report: 99 Wash.App. 118, 992 P.2d 1019.

Page 208

        ORDER DENYING MOTION TO MODIFY AND AMENDING OPINION

        SCHULTHEIS, Acting Chief Judge.

        On December 16, 1999, the opinion of this court reversed the judgment of the trial court and remanded this matter for trial. The court's opinion did not address Mr. Norton's request for attorney fees. Mr. Norton filed an affidavit for attorney fees and expenses. The request for fees was denied by commissioner's ruling filed March 21, 2000, on the bases that (1) the court's opinion did not make an award of fees to Mr. Norton; and (2) the commissioner is only authorized to determine the amount of the attorney fees, not determine whether the award of fees is appropriate. In response, Mr. Norton filed a motion asking this court to modify the commissioner's ruling. Therefore,

        IT IS ORDERED, the motion to modify is denied.

        IT IS FURTHER ORDERED that the last paragraph on page 10 [page 1023, column 2, line 31 of 992 P.2d] of the December 16, 1999 opinion of this court, shall be amended to read:

        Reversed and remanded for trial. Mr. Norton requests an award of fees and expenses incurred Before the trial court and on appeal in connection with the litigation concerning the default judgment. In the alternative, he requests that we instruct the trial court on remand to determine what sanctions should be imposed upon Mr. Brown as terms for vacating the default judgment. Mr. Norton's requests are denied.