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Faciszewski v. Brown, 187 Wash. 2d 308 (2016)

Citation
Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Parent Document
Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Jurisdiction
Washington (state)
Effective Date
2016-12-22

Other Sections in This Document (51)

Full Text

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¶30 Tenants also request attorney fees pursuant to RAP 18.1. Pet. for Review at 20. That rule requires the party to “devote a section of its opening brief to the request for the fees,” providing that “[r]equests made at the Court of Appeals will be considered as continuing requests at” this court. RAP 18.1(b). Although Tenants requested attorney fees only in their petition for review in this court, they requested fees in their opening brief at the Court of Appeals. Br. of Appellants at 37-38. Accordingly, we treat Tenants’ request for fees under RCW 59.18.290(2) as continuing. See RAP 18.1(b). Because Tenants prevail in this court, they will be entitled to attorney fees on appeal if they ultimately prevail. See Leda, 150 Wn. App. at 87; RCW *32559.18.290(2). We remand to the superior court for further proceedings consistent with this opinion. CONCLUSION