properly served and received adequate notice, the court denied Feigenbaum's
motion to dismiss for lack of jurisdiction. The court ordered that $12,700 of the
funds held in the court's registry be released to Hall.
On August 30, 2011, Hall relet the premises to a new tenant. The new
tenant's lease provided for rent lower than the monthly rent that Feigenbaum
paid.
On January 9, 2012, Feigenbaum filed a motion asking that the trial court
clarify whether the court had converted the unlawful detainer action into an
No. 68727-1-1 (consol. with
No. 68927-4-1) / 4
ordinary civil action. On February 10, 2012, the court entered an order stating
that it had done so.
On April 13, 2012, the court granted Hall summary judgment for
$136,809.29. The judgment included rent through December 31, 2011,
decreased rent from January 1, 2012, to August 31, 2013, and costs related to
mitigation and cleaning. On July 2, 2012, the court awarded Hall costs and
reasonable attorney fees totaling $43,000.00, bringing the final judgment to
$179,807.29. Feigenbaum appeals.
ANALYSIS
Waiver of Certain Issues on Appeal
Feigenbaum appealed a number of the trial court's orders in this lengthy
litigation but did not address them in his opening brief. We deem an issue not
briefed to be waived.2 We decline to review these orders. Moreover, although
Feigenbaum assigns error on appeal to the trial court's issuance of the temporary
restraining order and preliminary injunction, he did not raise the associated
issues below. An appellate court "may refuse to review any claim of error which
was not raised in the trial court."3 Consequently, we decline to review them here.