Archived
Roots from my neighbors tree are getting bigger in my driveway. I would like to pave but removing roots may kill the tree?
Kevin's answer
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Answered on September 29, 2015
If the trunk of the tree is on the property line, it is a jointly-owned tree. You cannot do anything that would damage or kill the tree without...
Archived
What is the quickest way for an appeal? Is a direct review shorter?
Kevin's answer
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Answered on September 28, 2015
Direct review by the Washington Supreme Court is not necessarily any faster than going to the Court of Appeals. The only benefit is if it is a case...
Archived
Can I appeal ?
Kevin's answer
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Answered on September 28, 2015
If you did not file a response on time, an appeal is not likely to succeed. You would need to argue that the court abused its discretion when it...
Archived
Is there a statue of limitations on a settlement for an eminent domain action. The appraisal seems to have been incorrect.
Kevin's answer
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Answered on September 28, 2015
It sounds to me like your parents may be out of luck, unless they were actively misled by the entity that was taking the land.
As I understand...
Archived
Filing an appeal. Is it 30 calendar days from the Summary Judgment or 30 days after the judge rules on the Motion Reconsiderati
Kevin's answer
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Answered on September 24, 2015
You should be safe to do either, but better to go ahead and file now. If you know you are going to appeal and you are still within 30 days of entry...
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Archived
Is it legal for the Superior court to hear a case that has already been ruled on and the out come would reverse the original.
Kevin's answer
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Answered on September 21, 2015
The superior court has jurisdiction to hear the case. But it sounds like you may have good grounds to immediately file a motion to dismiss, under a...
Archived
I want to file a counterclaim to a motion for summary judgment (case dismissal) but the court rule says you have to file for
Kevin's answer
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Answered on September 17, 2015
The judge will not take you more seriously just because you file your own motion for summary judgment. The court will not ignore your opposition to...
Archived
If the opposing party files a Motion to Set Aside Void Judgment, what kind of notice should I receive to contest this?
Kevin's answer
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Answered on September 16, 2015
I assume you are in Superior Court in the State of Washington. If so, this should be a motion under Civil Rule 60. The moving party should have...
Archived
What is the statute of limitations for a breach of
Kevin's answer
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Answered on September 16, 2015
Mr. Nelsen is correct. Some of the more common exceptions include: 1) If the contract relates to a sale of goods, the statute of limitations is...
Can you appeal a parenting plan
Kevin's answer
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Answered on September 12, 2015
If it is a temporary parenting plan, it is not appealable by right. She could seek discretionary review from the court of appeals, which means the...
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