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Wash. Court of Appeals published opinion — 324427.pub.pdf

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Wash. Court of Appeals published opinion — 324427.pub.pdf
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Washington (state)
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& Nursery, Inc., 21 Wn. App. 194, 197 n.5, 584 P.2d 968 (1978). Findings of fact that in

reality pronounce legal conclusions are treated as legal conclusions. Fine v. Laband, 35

Wn. App. 368, 374, 667 P.2d 101 (1983). "A trial court's conclusions of law are

reviewed de novo." Inland Foundry Co. v. Dep't ofLabor & Indus., 106 Wn. App. 333,

340,24 P.3d 424 (2001).

c. Application ofthe two rules ofreview to challengedfinding offact 5

Ms. Goodeill assigns error to the superior court's critical finding of fact 5:

"Madison Real Estate was prevented from sending a full and specific statement within 14

days because of circumstances beyond their control, i.e., not receiving invoices until

September 18 and October 1,2013." CP at 53. First, the superior court did not weigh

conflicting evidence to make this quoted finding. Therefore, as explained above, our

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No. 32442-7-111
Goodeill v. Madison Real Estate

review of the evidence pertaining to this finding is de novo. Second, even had the

superior court weighed conflicting evidence to make finding of fact 5, our review still

would be de novo. This is because finding of fact 5 is actually a conclusion of law. Here,

the superior court interpreted the meaning of "circumstances beyond the landlord's

control" in RCW 59.18.280 and then applied that interpretation to evidentiary facts.

Pursuant to Moulden, this application of law to evidentiary facts constitutes a legal

conclusion. For both of these reasons, we review finding of fact 5 de novo.

d. Applying the plain meaning ofthe statutory exception

RCW 59.18.280 provides, in relevant part: