An appellate court commissioner issued a "ruling denying review". Is this a decision that can be 'modified' under RAP 17.7?

Did the appeal brief request that relief? See, Wilson Court Ltd. P'ship v. Tony Maroni's, Inc., 134 Wn.2d 692, 710 n.4, 952 P.2d 590 (1998)

A party may object to the commissioner's or clerk's award only by filing a motion to modify under RAP 17.7. RAP 18.1(g). The clerk "will include the award" of attorney fees and expenses in the mandate, the certificate of finality, or in a supplemental judgment. RAP 18.1(h). See, Thompson v. Lennox, No. 37605-9-II (File Date: 08/04/2009)

It appears that if the proper relief request was not made in advance the denial of appeal fees is warranted. "A party's failure to comply with the rule's provisions warrants denial of her fee request." Wilson, Id.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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