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Robb v. Kaufman

decided: June 25, 1996.

MICHAEL ROBB D/B/A MIKIE'S CENTRAL AUTO, APPELLANT,
v.
LOWELL R. (ROBBIE) KAUFMAN, ET UX, RESPONDENT, AND VERLA JUSTICE AND THE ESTATE OF LARRY JUSTICE, GARNISHEE DEFENDANT/RESPONDENT,



Ellington, J.

Author: Ellington

Order DENYING MOTIONS AND CHANGING OPINION

This Court reversed and remanded the trial court's determination in this case by opinion filed April 8, 1996. Motions for reconsideration were filed by the Lasher, Holzapfel Law Firm and Respondent Donald Shaw, with joinder by Respondent Whitney, on April 29, 1996. Respondent Shaw also filed a motion for leave to file an answer to the Lasher Law Firm's motion for reconsideration on May 8, 1996. The panel has considered the above motions and determined that they should be denied.

The panel has also determined that the opinion dated April 8, 1996 should be changed as follows:

Page 8, footnote 4, the final sentence currently reads:

In any event, the assignees had both constructive and actual notice of his lien.

That sentence is hereby changed to read:

In any event, the assignees had either constructive or actual notice of his lien.

Now therefore, it is hereby

Ordered that the motions for reconsideration and motion for leave to answer are denied. Insofar as Respondent Shaw's motion for reconsideration addresses the amount of attorney fees on appeal, that issue shall be considered by the Commissioner pursuant to RAP 18.1(f).

IT IS FURTHER ORDERED that the opinion filed April 8, 1996 is changed as outlined above and that the remainder of the opinion shall remain the same.

DATED this 25th day of June, 1996.

FOR THE PANEL:

Ellington, ...


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