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
Original Source: https://www.courtlistener.com/opinion/4931207/housing-authority-v-newbigging/ ↗

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Whether Ms. Newbigging is entitled to attorney fees below under the lease or statute is an issue we cannot decide at this point because the trial court has not issued judgment on the merits of the unlawful detainer action. See Hous. Auth. v. Terry, 114 Wn.2d 558, 571, 789 P.2d 745 (1990) (declining to award attorney fees to tenant who did not prevail on the merits). And we decline to issue an opinion that would be purely advisory on the fee issue. Accordingly, we leave the parties to decide whether to submit these issues to the trial court in connection with any remaining issues on the merits.

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