WATTANASATHIT v. BISHOP, 49360-4-I (Wash.App. 6-2-2003)

KUMNUAN WATTANASATHIT, Appellant, v. BISHOP LYNCH OF KING COUNTY, as trustees; WEYERHAEUSER MORTGAGE COMPANY, beneficiary; NATIONSCREDIT HOME EQUITY SERVICES, assignment beneficiary; Respondents, NIDA SINARSA, a married woman; and TERAPONG WATTANASATHIT, a/k/a TOM WATTANASATHIT, her husband, and their marital community; and CATELEYA SINARSA, a single person, Defendants.

No. 49360-4-IThe Court of Appeals of Washington, Division One.
Filed: June 2, 2003 DO NOT CITE.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 UNPUBLISHED OPINION

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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 Docket No: 00-2-08449-8 Judgment or order under review Date filed: 09/18/2001

Counsel for Appellant(s), Doug Owens, Attorney at Law, 911 6th St, Anacortes, WA 98221-1716.

Counsel for Respondent(s), Joseph G. Nolan, Attorney at Law, 210 Summit Ave E, Seattle, WA 98102-5619.

Counsel for Respondent/Cross-Appellant, Joseph G. Nolan, Attorney at Law, 210 Summit Ave E, Seattle, WA 98102-5619.

GROSSE, J.

CR 52(a)(1) requires that in all actions tried without a jury, the trial court shall find the facts specially and state separately its conclusions of law. No findings of fact or conclusions of law were entered in this case. Further, the trial exhibits were not designated and sent to the court as required by RAP 9.6(a).

Kumnuan Wattanasathit sought to quiet title in a house and property that had been deeded to him by his grandmother. He held onto the deed but did not record it. Kumnuan’s brother, Terapong Wattanasathit, took the deed and recorded it without Kumnuan’s knowledge and procured loans against the property. After Kumnuan discovered this fact he sought to quiet the title.

After a bench trial, by oral opinion the trial court quieted title to the property in Kumnuan and awarded an equitable lien to a lender against the property in the amount of $30,000 as unjust enrichment. No findings of fact or conclusions of law were proposed or entered. The basis for the amount awarded was not set forth. Judgment was entered and is consistent with the oral opinion of the trial court. Kumnuan appealed the judgment amount of the equitable lien. The lender, Weyerhaeuser Mortgage Company, assigned its claim to First Union Bank, which cross-appealed the trial court’s underlying decision. However, based on the dearth of the record before us, we find that this case is not suitable for appeal. The appeal and cross appeal are dismissed without prejudice and the case remanded to the trial court for entry of findings and conclusions pursuant to CR 52; or, in the alternative, in the trial court’s discretion, for a new trial.

BECKER and AGID, JJ., concur.