Wash. Court of Appeals published opinion — D2 59088-3-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 59088-3-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2059088-3-II%20Published%20Opinion.pdf ↗

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as “applicable law grants to a party the right to recover.” Parties must devote a separate section of

their brief to requests for attorney fees on appeal and “[a]rgument and citation to authority are

required under the rule to advise the court of the appropriate grounds” for any award. Stiles v.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 59088-3-II

Kearney, 168 Wn. App. 250, 267, 277 P.3d 9, review denied, 175 Wn.2d 1016 (2012); RAP

18.1(b).

RCW 4.84.185 allows the prevailing party in a civil action to recover reasonable expenses

“upon written findings by the judge that the action, counterclaim, cross-claim, third party claim,

or defense was frivolous and advanced without reasonable cause.” Here, there was no finding by

the superior court, nor argument by the parties, that this matter was frivolous or advanced without

reasonable cause. Moreover, CLS filed this appeal, not LGI. Thus, we hold that this was not a

frivolous appeal by LGI and decline to award attorney fees on appeal pursuant to RCW 4.84.185.

“‘A party is entitled to attorney fees on appeal if a contract, statute, or recognized ground

of equity permits recovery of attorney fees at trial and the party substantially prevails.’” Judges

of Benton and Franklin Counties: Burrowes v. Killian, 195 Wn.2d 350, 363, 459 P.3d 1082 (2020)

(quoting In re Appointment of Special Deputy Prosecuting Att’y, 193 Wn.2d 777, 791, 446 P.3d

160 (2019)). CLS references the CLS Deed as providing authority for the award of attorney fees.

However, CLS fails to specify what provision in the CLS Deed allows for an award of fees as

against LGI, who is not a party to the CLS Deed. The CLS Deed includes a section titled “Payment