within 30 days, that appeal is precluded. Kemmer v. Keiski, 116 Wn. App. 924, 937, 68
P.3d 1138 (2003). CR 60(b) does not allow a litigant to challenge the underlying
judgment and “‘correct any errors of law into which [the court] may have fallen.’” In re
Est. of Jones, 116 Wash. 424, 428, 199 P. 734 (1921) (quoting 1 HENRY CAMPBELL
BLACK, A TREATISE ON THE LAW OF JUDGMENTS § 329 (2d ed. 1902)). “An appeal from
denial of a CR 60(b) motion is limited to the propriety of the denial not the impropriety
of the underlying judgment.” Bjurstom v. Campbell, 27 Wn. App. 449, 450-51, 618 P.2d
533 (1980). An “unappealed final judgment cannot be restored to an appellate track by
18
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Sangha v. Keen et al., No. 103332-0
means of moving to vacate and appealing the denial of the motion.” State v. Gaut, 111
Wn. App. 875, 881, 46 P.3d 832 (2002). “The exclusive procedure to attack an allegedly
defective judgment is by appeal from the judgment, not by appeal from a denial of a CR
60(b) motion.” Bjurstom, 27 Wn. App. at 451 (citing De Filippis v. United States, 567
F.2d 341, 342 (7th Cir. 1977), overruled in part by United States v. City of Chicago, 663
F.2d 1354 (1981)).
Generally, arguments addressing the propriety of the judgment would not be
considered because they are not appropriate for appeal. See id. In that case, and absent
another reason that the denial of a CR 60 motion was in error, an appellate court would
affirm the default judgment. See id. Exceptions to this rule exist for issues affecting
constitutional rights, a trial court’s jurisdiction, and we may exercise our discretion to
resolve any issue as justice may require. RAP 12.2 (“The appellate court may reverse,