ALETHEA SPEARMAN, ET AL., Appellants, v. EIGHTY-FIVE ASSOCIATES, ET AL., Respondents. No. 19168-7-II.The Court of Appeals of Washington, Division Two. November 8, 1996. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 93-2-09155-4, Karen L. Strombom, J., entered […]
Category: Washington Court of Appeals Opinions
BALTZELLE v. DOCES SIXTH AVE., 5 Wn. App. 771 (1971)
490 P.2d 1331 PHYLENE T. BALTZELLE, Respondent and Cross-appellant, v. DOCES SIXTH AVENUE, INC., et al., Appellants. No. 753-1.The Court of Appeals of Washington, Division One. — Panel 1. November 15, 1971. [1] Negligence — Owner or Occupier of Land — Invitees — Duty of Proprietor — In General. The obligation of a proprietor to […]
STATE v. SLATTERY, 142 Wn. App. 1036 (2008)
THE STATE OF WASHINGTON, Respondent, v. NATALIE R. SLATTERY, Appellant. No. 59543-1-I.The Court of Appeals of Washington, Division One. January 22, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Snohomish County, No. 06-1-02056-6, Larry E. McKeeman, J., entered February 1, 2007. […]
HUMPHREY v. ISLAND HOSPITAL, 73 Wn. App. 1035 (1994)
NEVA H. HUMPHREY, Individually and as Personal Representative, Appellant, v. ISLAND HOSPITAL, Respondent. No. 31618-4-I.The Court of Appeals of Washington, Division One. March 28, 1994. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Skagit County, No. 89-2-00765-0, Stanley K. Bruhn, […]
DETENTION OF P.S., 75 Wn. App. 571 (1994)
879 P.2d 294 In the Matter of the Detention of P.S., SETH COHEN, ET AL, Petitioners, P.S., Appellant. No. 29705-8-I.The Court of Appeals of Washington, Division One. July 11, 1994. [1] Mental Health — Involuntary Commitment — Additional Confinement — Challenge — Personal Restraint Petition. When a person is involuntarily committed by one court and […]
CREECH v. OAKFABCO, 133 Wn. App. 681 (2006)
138 P.3d 623 ROBERTA CREECH, as Personal Representative, Appellant, v. AGCO CORPORATION ET AL., Defendants, OAKFABCO, INC., Respondent. No. 55973-7-I.The Court of Appeals of Washington, Division One. May 22, 2006. Page 682 Zachary B. Herschensohn and Scott A. Niebling (of Brayton Purcell) (Lloyd F. Leroy, of counsel), for appellant. Robert G. Andre and Jeffrey D. […]
GRAY v. CITY OF TACOMA, 92 Wn. App. 1019 (1998)
LAWRENCE GRAY, Respondent, v. THE CITY OF TACOMA, Petitioner. No. 21035-5-II.The Court of Appeals of Washington, Division Two. September 4, 1998. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Superior Court for Pierce County, No. 95-2-07891-1, Thomas A. Swayze, Jr., J., entered July 12, 1996. Affirmed […]
ITT RAYONIER, INC. v. LENE, 58 Wn. App. 1065 (1990)
ITT RAYONIER, INC., Appellant, v. DAVID LENE, Respondent. No. 12666-4-II.The Court of Appeals of Washington, Division Two. August 20, 1990. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Grays Harbor County, No. 87-2-00151-9, David E. Foscue, J., entered February 14, […]
JONES ASSOCIATES v. EASTSIDE PROPERTIES, 41 Wn. App. 462 (1985)
704 P.2d 681 JONES ASSOCIATES, INC., Appellant, v. EASTSIDE PROPERTIES, INC., ET AL, Respondents. No. 12722-5-I.The Court of Appeals of Washington, Division One. August 12, 1985. [1] Trial — Taking Case From Jury — Sufficiency of Evidence — Dismissal at Close of Plaintiff’s Case — Review. An appellate court reviews a dismissal at the close […]
IN RE WELFARE OF E.B., 86 Wn. App. 1123 (1997)
In the Matter of the Welfare of E.B. and A.B. LARRY BARKER, Appellant, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent. No. 21271-4-II.The Court of Appeals of Washington, Division Two. August 1, 1997. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior […]
STATE v. BELL, 79 Wn. App. 1006 (1995)
THE STATE OF WASHINGTON, Respondent, v. MAURICEO RAFAEL BELL, Appellant. No. 33587-1-I.The Court of Appeals of Washington, Division One. September 11, 1995. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 93-1-02976-1, Jim Bates, J., entered September 27, […]
STATE v. GRAHAM, 158 Wn. App. 1030 (2010)
THE STATE OF WASHINGTON, Respondent, v. HORACE GLENN GRAHAM, Appellant. No. 64107-7-I.The Court of Appeals of Washington, Division One. November 8, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 08-1-11711-8, Jim Rogers, J., entered July 31, 2009. Affirmed […]
STATE v. MARTINEZ, 38 Wn. App. 421 (1984)
685 P.2d 650 THE STATE OF WASHINGTON, Respondent, v. TEODORO MARTINEZ, Appellant. No. 13311-0-I.The Court of Appeals of Washington, Division One. August 1, 1984. [1] Criminal Law — Witnesses — Impeachment — Prior Convictions — Staleness — Right of Confrontation. Excluding impeachment evidence of a prosecution witness’ prior conviction under ER 609(b) based on its […]
STATE v. McCLURE, 114 Wn. App. 1056 (2002)
THE STATE OF WASHINGTON, Respondent, v. LEE RICHARD McCLURE, Appellant. No. 28145-7-II.The Court of Appeals of Washington, Division Two. December 6, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 93-1-00235-3, Frederick W. Fleming, J., entered November 30, 2001. […]
STATE v. BRYANT, 42 Wn. App. 1007 (1985)
THE STATE OF WASHINGTON, Respondent, v. BRENT ALLEN BRYANT, Appellant. No. 6457-3-III.The Court of Appeals of Washington, Division Three. October 29, 1985. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Benton County, No. 84-8-00012-0, Daniel J. Hurson, J. Pro Tem., […]
STATE v. McCLAM, 69 Wn. App. 885 (1993)
850 P.2d 1377 THE STATE OF WASHINGTON, Respondent, v. STEVEN McCLAM, Appellant. No. 29434-2-I.The Court of Appeals of Washington, Division One. May 17, 1993. [1] Criminal Law — Lesser Included Offense — Instruction — Necessity — In General. A criminal defendant is entitled to a lesser included offense instruction when (1) each element of the […]
LAUE v. ELDER, 106 Wn. App. 699 (2001)
25 P.3d 1032 DAVID P. LAUE, Appellant v. ESTATE OF KEITH A. ELDER, and HARTFORD CASUALTY INSURANCE COMPANY, Respondents. No. 46098-6-I.The Court of Appeals of Washington, Division One. Filed: May 21, 2001. Page 700 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]
STATE v. HARDAWAY, 76 Wn. App. 1038 (1994)
THE STATE OF WASHINGTON, Respondent, v. LARRY ANTHONY HARDAWAY, Appellant. No. 13487-3-III.The Court of Appeals of Washington, Division Three. December 8, 1994. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Spokane County, No. 93-1-00330-8, Michael E. Donohue, J., entered August […]
STATE v. KILGORE, 141 Wn. App. 817 (2007)
172 P.3d 373 THE STATE OF WASHINGTON, Respondent, v. MARK PATRICK KILGORE, Appellant. No. 34053-4-II.The Court of Appeals of Washington, Division Two. November 27, 2007. Page 818 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 819 James R. Dixon (of Dixon Cannon, […]
STATE v. MONROE, 21927-5-III (Wash.App. 10-14-2004)
STATE OF WASHINGTON, Respondent, v. DEBRA RENEE MONROE, Appellant. No. 21927-5-IIIThe Court of Appeals of Washington, Division Three. Panel Seven. Filed: October 14, 2004 UNPUBLISHED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Superior Court of Spokane County. Docket No: 02-1-02011-0. Judgment or order under review. Date filed: […]
PERKINS v. CHILDREN’S HOSPITAL, 72 Wn. App. 149 (1993)
864 P.2d 398 LYNNE PERKINS, Respondent, v. CHILDREN’S ORTHOPEDIC HOSPITAL, Appellant. CAROL THIELKE, Individually and as Guardian ad Litem, Respondent, v. CHILDREN’S ORTHOPEDIC HOSPITAL, Appellant. No. 31349-5-I.The Court of Appeals of Washington, Division One. December 27, 1993. [1] Principal and Agent — Compromise and Settlement — Settlement Agreement — Vicarious Liability — Release of Solvent […]
STATE v. OVERHOLT, 147 Wn. App. 92 (2008)
193 P.3d 1100 THE STATE OF WASHINGTON, Respondent, v. ALLEN N. OVERHOLT, Petitioner. No. 26270-7-III.The Court of Appeals of Washington, Division Three. October 14, 2008. Appeal from the Superior Court for Columbia County, No. 06-1-00014-1, William D. Acey, J. Michael V. Hubbard, for petitioner. Colleen G. Fenn, Prosecuting Attorney, and Rea Lynn Culwell, Deputy, for […]
McEWEN v. TIANJIN INDUSTRIES, LTD., 71 Wn. App. 1031 (1993)
W. JOSEPH McEWEN, ET AL, Respondents, v. TIANJIN INDUSTRIES, LTD., Appellant. No. 31528-5-I.The Court of Appeals of Washington, Division One. October 4, 1993. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 92-2-18751-5, Stephen M. Gaddis, J. Pro […]
CASEY v. CHAPMAN, 123 Wn. App. 670 (2004)
98 P.3d 1246 DANIEL A. CASEY, Appellant, v. JAMES D. CHAPMAN, ET AL., Respondents. No. 51263-3-I.The Court of Appeals of Washington, Division One. October 11, 2004. Page 671 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 672 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
STATE v. WHITE, 67 Wn. App. 1007 (1992)
THE STATE OF WASHINGTON, Respondent, v. KRIS KARL WHITE, Appellant. In the Matter of the Personal Restraint of KRIS KARL WHITE, Petitioner. Nos. 13785-2-II; 14194-9-II.The Court of Appeals of Washington, Division Two. August 31, 1992. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the […]
STATE v. MASSEY, 58 Wn. App. 1010 (1990)
THE STATE OF WASHINGTON, Respondent, v. BARRY MASSEY, Appellant. No. 12187-5-II.The Court of Appeals of Washington, Division Two. June 6, 1990. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 87-1-01354-7, Donald H. Thompson, J., entered August 5, […]
STEELE v. ORGANON, INC., 43 Wn. App. 230 (1986)
716 P.2d 920 DORIS A. STEELE, ET AL, Appellants, v. ORGANON, INC., ET AL, Defendants, SKAGGS DRUG CENTERS, INC., ET AL, Respondents. No. 6719-0-III.The Court of Appeals of Washington, Division Three. March 25, 1986. [1] Torts — Limitation of Actions — Accrual of Cause — Damages — Extent of Knowledge. A plaintiff need not be […]
LOONEY v. PIERCE COUNTY, 151 Wn. App. 1031 (2009)
WILLIAM A. LOONEY, Appellant, v. PIERCE COUNTY ET AL., Respondents. No. 37022-1-II.The Court of Appeals of Washington, Division Two. July 28, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 06-2-04484-9, Vicki L. Hogan, J., entered November 9, 2007. […]
STATE v. PINSON, 152 Wn. App. 1065 (2009)
THE STATE OF WASHINGTON, Respondent, v. LARNARD LASHELL PINSON, Appellant. No. 37691-1-II.The Court of Appeals of Washington, Division Two. November 9, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Superior Court, Pierce County, No. 07-1-03625-5, Thomas Felnagle, J., entered April 17, 2008. Affirmed in part and remanded […]
STATE v. BOYD, 19 Wn. App. 1042 (1978)
THE STATE OF WASHINGTON, Respondent, v. DANNY LEE BOYD, Appellant. No. 5548-1.The Court of Appeals of Washington, Division One. April 17, 1978. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 80030, David C. Hunter, J., entered March […]
GREENBERG v. EMPIRE HEALTH SERVICES, 132 Wn. App. 1042 (2006)
RICHARD GREENBERG and TONYA GREENBERG, individually and as a marital community, Appellants, v. EMPIRE HEALTH SERVICES, INC., dba DEACONESS MEDICAL CENTER, Respondent. No. 24240-4-III.The Court of Appeals of Washington, Division Three. Filed: April 25, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] UNPUBLISHED OPINION [EDITORS’ NOTE: This case is unpublished […]
STATE v. KING, 120 Wn. App. 1046 (2004)
STATE OF WASHINGTON, Respondent, v. INDLE GIFFORD KING, JR., Appellant. No. 50242-5-I.The Court of Appeals of Washington, Division One. Filed: March 15, 2004. UNPUBLISHED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Superior Court of Snohomish County. Docket No. 01-1-00809-3. Judgment or order under review. Date filed: 03/26/2002. […]
STATE v. WHITE, 41 Wn. App. 1024 (1985)
THE STATE OF WASHINGTON, Respondent, v. WILLIAM ANDREW WHITE, Appellant. No. 13841-3-I.The Court of Appeals of Washington, Division One. July 22, 1985. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King Page 1025 County, No. 82-8-04615-1, Donald D. Haley, J., […]
KOMEN v. KING COUNTY, 25 Wn. App. 1024 (1980)
RICHARD B. KOMEN, ET AL, Appellants, v. KING COUNTY, ET AL, Respondents. No. 7145-9-I.The Court of Appeals of Washington, Division One. February 19, 1980. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 845796, Robert E. Dixon, J., […]
ROBESON v. HELLAND, 32 Wn. App. 487 (1982)
648 P.2d 461 C.L. ROBESON, ET AL, Appellants, v. DON HELLAND, ET AL, Respondents. No. 9319-3-I.The Court of Appeals of Washington, Division One. July 12, 1982. [1] Trial — By Affidavit — Effect — Review. A trial court decision based solely on affidavits without oral testimony is reviewed as a summary judgment so that any […]
NORRIS v. CHURCH COMPANY, INC., 108 Wn. App. 1050 (2001)
RANDY NORRIS, ET AL., Appellants, v. CHURCH COMPANY, INC., Respondent. Nos. 25871-4-II; 26231-2-II.The Court of Appeals of Washington, Division Two. October 26, 2001. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeals from judgments of the Superior Court for Clark County, No. 99-2-04405-7, James E. Rulli, J., entered March […]
DRAKE v. SMERSH, 122 Wn. App. 147 (2004)
89 P.3d 726 JESS R. DRAKE, ET AL., Respondents, v. ROBERT SMERSH, ET AL., Appellants. No. 51882-8-I.The Court of Appeals of Washington, Division One. May 10, 2004. Page 148 Philip J. Buri (of Buri Funston, P.L.L.C.), for appellants. Page 149 Philip A. Serka (of Adelstein, Sharpe Serka, L.L.P.), for respondents. [As amended by orders of […]
RADFORD v. HOQUIAM, 54 Wn. App. 351 (1989)
773 P.2d 861 H. THEODORE RADFORD, Appellant, v. THE CITY OF HOQUIAM, Respondent. No. 10991-3-II.The Court of Appeals of Washington, Division Two. June 2, 1989. [1] Evidence — Relevance — Review. A trial court’s determination of the relevance of evidence will be sustained on appeal unless the court manifestly abused its discretion, i.e., unless no […]
STATE v. MARTINEZ, 148 Wn. App. 1022 (2009)
THE STATE OF WASHINGTON, Respondent, v. RIGOBERTO MARTINEZ, Appellant. No. 61094-5-I.The Court of Appeals of Washington, Division One. January 26, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 07-1-04222-5, Christopher A. Washington, J., entered December 24, 2007. Affirmed […]
STATE v. EVERETT, 115 Wn. App. 1057 (2003)
THE STATE OF WASHINGTON, Respondent, v. JAMES ARTHUR EVERETT, JR, Appellant. No. 50504-1-I.The Court of Appeals of Washington, Division One. March 3, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 01-1-02920-3, Philip G. Hubbard, Jr., J., entered September […]
HILL v. KENNEWICK GENERAL HOSPITAL, 63 Wn. App. 1061 (1992)
GREGORY HILL, ET AL, as Guardians ad Litem, Appellants, v. KENNEWICK GENERAL HOSPITAL, Respondent. No. 11094-0-III.The Court of Appeals of Washington, Division Three. February 4, 1992. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Benton County, No. 89-2-00937-1, Carolyn A. […]
IN MATTER OF TROSPER, 25 Wn. App. 1034 (1980)
In the Matter of the Marriage of BEVERLY J. TROSPER and ALLAN A. TROSPER. No. 3679-II.The Court of Appeals of Washington, Division Two. March 17, 1980. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 252311, Thomas A. […]
STATE v. McCOY, 86 Wn. App. 1004 (1997)
THE STATE OF WASHINGTON, Respondent, v. MARIO McCOY, Appellant. No. 37620-9-I.The Court of Appeals of Washington, Division One. May 12, 1997. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] The unpublished opinion in this cause was withdrawn by order of the Court of Appeals dated June 26, 1997.
JOHNSON v. McCAY, 77 Wn. App. 603 (1995)
893 P.2d 641 BEVERLY A. JOHNSON, ET AL, Respondents, v. KIMBERLY K. McCAY, Appellant. No. 13419-9-III.The Court of Appeals of Washington, Division Three. April 27, 1995. [1] Discovery — Exemptions — Expert Testimony — Right To Call Expert as Witness. When facts known or opinions held by an expert are not discoverable under CR 26(b)(5)(B), […]
STATE v. JOLLO, 26 Wn. App. 1010 (1980)
THE STATE OF WASHINGTON, Respondent, v. JAMES A. JOLLO, Appellant. No. 7469-5-I.The Court of Appeals of Washington, Division One. May 19, 1980. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 87988, Gerard M. Shellan, J., entered March […]
CASE v. WEST, 26827-2-II (Wash.App. 10-25-2002)
SUSAN G. M. CASE, Respondent v. JAMES J. WEST, Appellant. No. 26827-2-II.The Court of Appeals of Washington, Division Two. Filed: October 25, 2002. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Superior Court of Thurston County, No. 002300601, Hon. H. C. […]
STATE v. DOWELL, 69 Wn. App. 1008 (1993)
THE STATE OF WASHINGTON, Respondent, v. TERRY R. DOWELL, Appellant. No. 13088-2-II.The Court of Appeals of Washington, Division Two. March 18, 1993. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Clark County, No. 89-1-00523-9, James D. Ladley, J., entered August […]
STATE v. BLACK, 137 Wn. App. 1008 (2007)
THE STATE OF WASHINGTON, Respondent, v. JOHN MARTIN BLACK, Appellant. No. 34723-7-II.The Court of Appeals of Washington, Division Two. February 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 05-1-02148-1, Lisa R. Worswick, J., entered March 21, 2006. […]
STATE v. D.M., 100 Wn. App. 1006 (2000)
THE STATE OF WASHINGTON, Respondent, v. D.M., Appellant. No. 44143-4-I.The Court of Appeals of Washington, Division One. March 27, 2000. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 98-8-05334-0, John M. Darrah, J., entered January 14, 1999. […]
STRAIN v. WEST TRAVEL INC., 117 Wn. App. 251 (2003)
70 P.3d 158 ROBERT J. STRAIN, individually and on behalf of others similarly situated, Appellant, v. WEST TRAVEL, INC., a Washington corporation, d/b/a CRUISE WEST, Respondent. No. 50642-1-IThe Court of Appeals of Washington, Division One. Filed: June 9, 2003 Page 252 Richard J. Davies (of Levinson Friedman, P.S.), for appellant. M.A. Michelle Buhler (of Danielson […]
STATE v. RASMUSSEN, 141 Wn. App. 1032 (2007)
THE STATE OF WASHINGTON, Respondent, v. LUCAS ROBERT RASMUSSEN, Appellant. No. 34239-1-II.The Court of Appeals of Washington, Division Two. November 14, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [EDITORS’ NOTE: This case is unpublished as indicated by the issuing court.] VAN DEREN, J. Lucas Robert Rasmussen appeals his convictions […]
STATE v. LARSON, 12 Wn. App. 781 (1975)
532 P.2d 638 THE STATE OF WASHINGTON, Appellant, v. TERRY LARSON et al., Respondents. No. 1411-2.The Court of Appeals of Washington, Division Two. February 21, 1975. [1] Administrative Law and Procedure — Fish — Regulations — Use as Evidence — Statutory Provisions. RCW 75.08.100, which requires an affidavit from the Director of Fisheries in order […]
IN RE DET. OF CHERRY, 163 Wn. App. 649 (2011)
260 P.3d 941 In the Matter of the Detention of GARY CHERRY, Petitioner. No. 40096-1-II.The Court of Appeals of Washington, Division Two. September 13, 2011. Page 650 Appeal from the Superior Court for Mason County, No. 99-2-00218-4, Amber L. Finlay, J. Oliver R. Davis (of Washington Appellate Project), for petitioner. Page 651 Robert M. McKenna, […]
IN MATTER OF BROWN, 41 Wn. App. 1061 (1985)
In the Matter of SHANIKA KALELAH BROWN. No. 14893-1-I.The Court of Appeals of Washington, Division One. September 30, 1985. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 82-7-01205-8, Frank H. Roberts, Jr., J., entered May 31, 1984. […]
STATE v. FORNAH, 64 Wn. App. 1033 (1992)
THE STATE OF WASHINGTON, Respondent, v. GEORGE BAI FORNAH, Appellant. No. 25215-1-I.The Court of Appeals of Washington, Division One. March 23, 1992. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 89-1-00395-0, Frank L. Sullivan, J., entered November […]
WIBBENS v. SKAGIT COUNTY, 69 Wn. App. 1049 (1993)
RAYMOND WIBBENS, Appellant, v. SKAGIT COUNTY, Respondent. No. 28961-6-I.The Court of Appeals of Washington, Division One. April 19, 1993. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Skagit County, No. 90-2-00468-9, Gilbert E. Mullen, J., entered July 1, 1991. Affirmed […]
STATE v. PEMBERTON, 18 Wn. App. 772 (1977)
572 P.2d 728 THE STATE OF WASHINGTON, Respondent, v. PAUL PEMBERTON, Appellant. No. 5162-1.The Court of Appeals of Washington, Division One. November 28, 1977. [1] Courts of Limited Jurisdiction — Appeal — Compliance With Rules — Excusable Neglect — Noting Case for Trial. A trial court has discretion under JCrR 10.01(b) to extend the time […]
STATE v. SMITH, 143 Wn. App. 1055 (2008)
THE STATE OF WASHINGTON, Respondent, v. BRANDON MICHAEL SMITH, Appellant. No. 36327-5-II.The Court of Appeals of Washington, Division Two. April 8, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Skamania County, No. 07-8-00010-4, E. Thompson Reynolds, J., entered April 11, 2007. […]
STATE v. BROWN, 70 Wn. App. 1049 (1993)
THE STATE OF WASHINGTON, Respondent, v. BARRY LEWIS BROWN, Appellant. No. 14770-0-II.The Court of Appeals of Washington, Division Two. July 14, 1993. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Clark County, No. 90-1-00958-1, John N. Skimas, J., entered February […]
STATE v. HART, 92 Wn. App. 1040 (1998)
THE STATE OF WASHINGTON, Respondent, v. DAN RANDOLPH HART, Appellant. No. 14794-1-III.The Court of Appeals of Washington, Division Three. October 8, 1998. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Superior Court for Grant County, No. 94-1-00385-5, Evan E. Sperline, J., entered March 6, 1995. Reversed […]
STATE v. JUNEMAN, 41 Wn. App. 1047 (1985)
THE STATE OF WASHINGTON, Respondent, v. WALTER S. JUNEMAN, Appellant. No. 6522-3-II.The Court of Appeals of Washington, Division Two. September 10, 1985. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Thurston County, No. 81-1-00099-5, Carol A. Fuller, J., entered July […]
SIMMONDS, v. MICHAEL, 130 Wn. App. 1012 (2005)
DAVID M. SIMMONDS, Appellant, v. DAVID S. MICHAEL ET AL., Respondents. No. 55151-5-I.The Court of Appeals of Washington, Division One. October 31, 2005. Appeal from judgments of the Superior Court for King County, No. 02-2-34975-7, Terence Lukens, J., entered May 5 and 19, and August 21, 2003, and July 30, August 20, and September 30, […]
STATE v. MOYER, 113 Wn. App. 1045 (2002)
THE STATE OF WASHINGTON, Respondent, v. WILLIAM JOSEPH MOYER, Appellant. No. 28263-1-II.The Court of Appeals of Washington, Division Two. September 20, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Kitsap County, No. 01-1-00859-3, William J. Kamps, J., entered December 28, 2001. […]
IN RE DETENTION OF ANDREWS, 150 Wn. App. 1007 (2009)
In the Matter of the Detention of DANIEL ANDREWS, Appellant. No. 37515-0-II.The Court of Appeals of Washington, Division Two. May 5, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 07-2-05099-5, Vicki L. Hogan, J., entered March 5, 2008. […]
CARLE v. EARTH STOVE, INC., 35 Wn. App. 904 (1983)
670 P.2d 1086 CLYDE CARLE, ET AL, Plaintiffs, v. EARTH STOVE, INC., ET AL, Appellants, FOREMOST INSURANCE COMPANY, Respondent. CLYDE CARLE, ET AL, Plaintiffs, v. EARTH STOVE, INC., Respondent, FOREMOST INSURANCE COMPANY, Appellant. Nos. 5483-7-III; 5274-5-III.The Court of Appeals of Washington, Division Three. October 18, 1983. [1] Courts — Rules of Court — Construction — […]
IN RE MIDDLETON, 149 Wn. App. 1016 (2009)
In the Matter of the Marriage of GORDON L. MIDDLETON, Respondent, and JANICE A. BARRETT, Appellant. No. 61844-0-I.The Court of Appeals of Washington, Division One. March 9, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Snohomish County, No. 99-3-00406-1, Ronald L. […]
LINDLEY v. FALER, 107 Wn. App. 1048 (2001)
Mary K. Lindley, Respondent v. Karl M. Faler, Appellant. No. 24855-7-II.The Court of Appeals of Washington, Division Two. Filed: August 17, 2001. UNREPORTED OPINION. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Thurston County, No. 99-2-30139-8, Paula Casey, J., entered April 3, […]
MYLES v. TOUCHSTONE, 80 Wn. App. 1084 (1996)
JOSEPH MYLES, ET AL., Appellants, v. TOUCHSTONE BLDG. SPECIALTIES, INC., ET AL., Respondents. No. 36336-1-I.The Court of Appeals of Washington, Division One. March 25, 1996. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 93-2-24659-5, Peter Jarvis, J., […]
STATE v. LUNDVALL, 76 Wn. App. 1083 (1995)
THE STATE OF WASHINGTON, Respondent, v. DAVID SOLOMON LUNDVALL, Appellant. No. 33118-3-I.The Court of Appeals of Washington, Division One. January 30, 1995. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 93-1-00236-4, John F. Wilson, J., entered July […]
HUNTER v. LABOR INDUSTRIES, 19 Wn. App. 473 (1978)
576 P.2d 69 DOUGLAS D. HUNTER, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent. No. 4968-1.The Court of Appeals of Washington, Division One. March 13, 1978. [1] Statutes — Construction — Retroactive Effect — Remedial Legislation. Unless a contrary intent appears, a remedial statute will be applied retroactively whenever its purpose will be furthered […]
CLEVERLEY v. CAMPBELL, 163 Wn. App. 1022 (2011)
MATTHEW CLEVERLEY, Appellant, v. CAROLE CAMPBELL, Respondent. No. 40788-4-II.The Court of Appeals of Washington, Division Two. Filed: September 7, 2011. UNPUBLISHED OPINION. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Kitsap County, No. 09-2-03021-1, Craddock D. Verser, J. Pro Tem., entered April […]
SEATTLE-FIRST NATL. BK. v. CENT. MUSIC VENDING, 61 Wn. App. 1040 (1991)
SEATTLE-FIRST NATIONAL BANK, Plaintiff, v. CENTRAL MUSIC VENDING, INC., ET AL, Defendants. RICHARD BERGLOFF, ET AL, Plaintiffs, v. CHARLES E. LOOSVELDT, ET AL, Respondents, H. CLAY BARR, ET AL, Appellants. No. 10558-0-III.The Court of Appeals of Washington, Division Three. June 27, 1991. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing […]
IN RE ESTATE OF HASTINGS, 4 Wn. App. 649 (1971)
484 P.2d 442 In the Matter of the Estate of MARY T. HASTINGS, Deceased. No. 312-2.The Court of Appeals of Washington, Division Two. April 7, 1971. [1] Evidence — Opinion Evidence — Expert Testimony — Consideration in General. Expert testimony is to be considered and weighed by the same tests as other testimony; it is […]
SUGGS v. HAMILTON, 27141-9-II (Wash.App. 3-18-2003)
SHAWN S. SUGGS, Appellant, v. ANDREW O. HAMILTON, Respondent. No. 27141-9-IIThe Court of Appeals of Washington, Division Two. Filed: March 18, 2003 UNPUBLISHED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Superior Court of Cowlitz County Docket No: 92-3-00648-5 Judgment or order under review Date filed: 03/08/2001 Counsel […]
STATE v. PETTIT, 75 Wn. App. 1042 (1994)
THE STATE OF WASHINGTON, Respondent, v. GERALD LEE PETTIT, SR., Appellant. No. 14145-1-II.The Court of Appeals of Washington, Division Two. September 14, 1994. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Clark County, No. 89-1-00952-8, Barbara D. Johnson, J., entered […]
MARTIN v. McEVOY, 82 Wn. App. 1016 (1996)
DENNIS MARTIN, ET AL., Respondents, v. JOHN MCEVOY, ET AL., Appellants. No. 33722-0-I.The Court of Appeals of Washington, Division One. June 17, 1996. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 91-2-17082-7, Mary Wicks Brucker, J., entered […]
STATE v. JOHNSON, 39 Wn. App. 1028 (1984)
THE STATE OF WASHINGTON, Respondent, v. RANDALL SCOTT JOHNSON, Appellant. No. 6756-1-II.The Court of Appeals of Washington, Division Two. December 20, 1984. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Kitsap County, No. 82-1-00275-3, James D. Roper, J., entered October […]
STATE v. MARTINEZ, 144 Wn. App. 1022 (2008)
THE STATE OF WASHINGTON, Respondent, v. VICTOR MARTINEZ, Appellant. No. 58828-1-I.The Court of Appeals of Washington, Division One. May 5, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 04-1-13607-1, LeRoy McCullough, J., entered September 11, 2006. Affirmed by […]
STATE v. COURTRIGHT, 141 Wn. App. 1021 (2007)
THE STATE OF WASHINGTON, Respondent, v. JOHN FREDERICK COURTRIGHT, Appellant. No. 58907-5-I.The Court of Appeals of Washington, Division One. November 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 05-1-05020-5, Laura C. Inveen, J., entered September 11, 2006. […]
STATE v. IVERSON, 125 Wn. App. 1034 (2005)
THE STATE OF WASHINGTON, Respondent, v. DAVID J. IVERSON, Appellant. No. 52951-0-I.The Court of Appeals of Washington, Division One. February 7, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Snohomish County, No. 03-1-01363-8, Richard J. Thorpe, J., entered August 22, 2003. […]
DAVIS v. STATE, 102 Wn. App. 177 (2000)
6 P.3d 1191 JOSEPH PATRICK DAVIS, Appellant v. STATE OF WASHINGTON, Respondent. No. 24301-6-II.The Court of Appeals of Washington, Division Two. Filed: August 25, 2000. PUBLISHED OPINION Page 178 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 179 John L. Messina and […]
STATE v. NEWMAN, 54 Wn. App. 1061 (1989)
THE STATE OF WASHINGTON, Respondent, v. ANDREW E. NEWMAN, Appellant. No. 11710-0-II.The Court of Appeals of Washington, Division Two. July 6, 1989. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Clark County, No. 85-1-00865-1, J. Dean Morgan, J., entered Page […]
STATE v. HANSON, 20 Wn. App. 579 (1978)
581 P.2d 589 THE STATE OF WASHINGTON, Respondent, v. DAVID W. HANSON, Appellant. No. 3820-1.The Court of Appeals of Washington, Division One. July 3, 1978. [1] Criminal Law — Insanity — Competency To Stand Trial — Determination. A trial court’s determination of competency to stand trial, as defined by RCW 10.77.010(6), will not be disturbed […]
STATE v. BENJAMINSON, 132 Wn. App. 1004 (2006)
THE STATE OF WASHINGTON, on behalf of LAURA BENJAMINSON, Respondent, v. MICHAEL BENJAMINSON, Appellant, JENNIE LYNN McLEAN, Respondent. No. 53636-2-I.The Court of Appeals of Washington, Division One. March 20, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [EDITORS’ NOTE: This case is unpublished as indicated by the issuing court.] Appeal […]
IN MATTER OF NORTHORP, 10 Wn. App. 1014 (1974)
In the Matter of the Guardianship of GRANT W. NORTHORP. No. 2201-1.The Court of Appeals of Washington, Division One. February 11, 1974. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. G-2711, Howard J. Thompson, J., entered February […]
CITY OF PORT ANGELES v. NIICHEL, 20 Wn. App. 1059 (1978)
THE CITY OF PORT ANGELES, Appellant, v. RICHARD J. NIICHEL, ET AL, Respondents. No. 2697-2.The Court of Appeals of Washington, Division Two. September 7, 1978. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Clallam County, No. 22583, Jack S. Kurtz, […]
STATE v. BLACKSHEAR, 44 Wn. App. 587 (1986)
723 P.2d 15 THE STATE OF WASHINGTON, Petitioner, v. ALBERT EARL BLACKSHEAR, ET AL, Respondents. No. 18566-7-I.The Court of Appeals of Washington, Division One. July 30, 1986. [1] Searches and Seizures — Warrant — Misconduct — Discovery — Preliminary Showing. Before a criminal defendant can undertake discovery to enable him to challenge statements set forth […]
TINNON v. STUBBS, 65 Wn. App. 1011 (1992)
RAYMOND H. TINNON, SR., Respondent, v. JAMES N. STUBBS, ET AL, Appellants. No. 13823-9-II.The Court of Appeals of Washington, Division Two. April 17, 1992. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 85-2-05120-9, Nile E. Aubrey, J., […]
STATE v. RABANG, 119 Wn. App. 1055 (2003)
THE STATE OF WASHINGTON, Respondent, v. MAXINA L. RABANG, Appellant. No. 51519-5-I.The Court of Appeals of Washington, Division One. December 22, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Whatcom County, No. 02-1-01149-0, David A. Nichols and Steven J. Mura, JJ., […]
STATE v. GRIEGO, 57 Wn. App. 1023 (1990)
THE STATE OF WASHINGTON, Respondent, v. GARY MARIO GRIEGO, Appellant. No. 22454-9-I.The Court of Appeals of Washington, Division One. April 2, 1990. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for King County, No. 86-1-02061-2, Arthur E. Piehler, J., entered June […]
McCORMICK v. DUNN BLACK, PS., 155 Wn. App. 1019 (2010)
JOEL C. McCORMICK, Respondent, v. DUNN BLACK, PS., Appellants. No. 39236-4-II.The Court of Appeals of Washington, Division Two. April 6, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Spokane County, No. 08-2-04488-7, David Frazier, J. Pro Tem., entered February 6, 2009. […]
ROOTVIK v. SOC. OF COUN., 58506-1-I (Wash.App. 7-23-2007)
ERIC ROOTVIK, Appellant, v. SOCIETY OF COUNSEL REPRESENTING ACCUSED PERSONS ET AL., Respondents. No. 58506-1-I.The Court of Appeals of Washington, Division One. July 23, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from judgments of the Superior Court for Ring County, No. 05-2-39185-5, Julie Spector, J., entered Jun e […]
KARR v. STATE, 53 Wn. App. 1 (1988)
765 P.2d 316 BARBARA KARR, as Personal Representative, ET AL, Appellants, v. THE STATE OF WASHINGTON, Respondent. No. 20014-3-I.The Court of Appeals of Washington, Division One. December 19, 1988. [1] Government — Torts — Sovereign Immunity — Discretionary Acts — What Constitutes. Governmental action made after consciously balancing risks and advantages in the light of […]
STATE v. DALTON, 122 Wn. App. 1006 (2004)
THE STATE OF WASHINGTON, Respondent, v. MAURICE LEE DALTON, Appellant. No. 30250-1-II.The Court of Appeals of Washington, Division Two. June 22, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 03-1-00352-4, Kitty-Ann van Doorninck, J., entered April 17, 2003. […]
STATE v. McEACHRAN, 159 Wn. App. 1031 (2011)
THE STATE OF WASHINGTON, Respondent, v. KARL GREGORY MCEACHRAN, Appellant. No. 28969-9-III.The Court of Appeals of Washington, Division Three. January 20, 2011. UNPUBLISHED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Grant County, No. 09-8-00245-1, John M. Antosz, J., entered January […]
STATE v. ARDELEAN, 47413-8-I (Wash.App. 11-5-2001)
STATE OF WASHINGTON, Respondent v. CIPRIAN ARDELEAN, Appellant. No. 47413-8-I.The Court of Appeals of Washington, Division One. Filed: November 5, 2001. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Superior Court of King County, No. 97-1-00649-6, Hon. Nicole Mac Innes, June […]
STATE v. BRAITHWAITE, 18 Wn. App. 767 (1977)
572 P.2d 725 THE STATE OF WASHINGTON, Petitioner, v. ROGER LEASK BRAITHWAITE, Respondent. No. 5161-44471-1.The Court of Appeals of Washington, Division One. November 28, 1977. [1] Criminal Law — Habitual Criminals — “Conviction” — Probation — Effect. For purposes of the habitual criminal statute (RCW 9.92.090), a finding of guilt followed by suspension of execution […]
STATE v. SPENCER, 24 Wn. App. 1044 (1979)
THE STATE OF WASHINGTON, Respondent, v. MICHAEL BERNARD SPENCER, Appellant. No. 6857-1.The Court of Appeals of Washington, Division One. December 17, 1979. UNREPORTED OPINION [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Snohomish County, No. 78-1-00137-2, John F. Wilson, J., entered August […]
STATE v. MANCE, 82 Wn. App. 539 (1996)
918 P.2d 527 THE STATE OF WASHINGTON, Respondent, v. LINCOLN MANCE, Appellant. No. 18236-0-II.The Court of Appeals of Washington, Division Two. June 28, 1996. Appeal from the Superior Court for Pierce County, No. 94-1-00957-7, Waldo F. Stone, J., May 11, 1994. Page 540 Mary K. High, for appellant (appointed counsel for appeal). John W. Ladenburg, […]
STATE v. CONERLY-ROTHWELL, 113 Wn. App. 1057 (2002)
THE STATE OF WASHINGTON, Respondent, v. MICHAEL JOSEPH CONERLY-ROTHWELL, Appellant. No. 27122-2-II.The Court of Appeals of Washington, Division Two. October 10, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from a judgment of the Superior Court for Pierce County, No. 00-1-03768-8, Kitty-Ann van Doorninck, J., entered February 16, 2001. […]