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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)

Citation
Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)
Parent Document
Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)
Jurisdiction
Washington (state)
Effective Date
2001-03-08

Other Sections in This Document (50)

Full Text

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The trial court vacated the default judgment pursuant to CR 60(b). ‘Vacation of a judgment under CR 60(b) is within the trial court’s discretion.” State v. Santos, 104 Wn.2d 142, 145, 702 P.2d 1179 (1985). The reviewing court “will overturn the trial court only if it plainly appears that its discretion has been abused.” Id. (citing Haller v. Wallis, 89 Wn.2d 539, 573 P.2d 1302 (1978)). A trial court abuses its discretion when it exercises it on untenable grounds or for manifestly unreasonable reasons. State ex rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971). The abuse of discretion standard applies throughout this opinion.