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Ford v. Hagel

September 24, 1996

FRANCES M. FORD, APPELLANT,
v.
WAYNE E. HAGEL AND M. NADINE HAGEL, A MARITAL COMMUNITY, RESPONDENTS.



Original Opinion of August 13, 1996,

Dennis J. Sweeney, Chief Judge

The opinion of the court was delivered by: Sweeney

ORDER ON MOTION FOR RECONSIDERATION AND AMENDING OPINION

This court has considered respondents' motion for reconsideration of our August 13, 1996, opinion.

IT IS ORDERED the motion for reconsideration is granted only on the issue of the attorney fees award and is denied in all other respects. The award of attorney fees to Ms. Ford is premature and the opinion shall be amended. The first paragraph on page 10 that reads

Ms. Ford is clearly not entitled to summary judgment, either, since she did not establish the check would have cleared. She is entitled to her attorney fees under the parties' contract and RCW 61.30.140(5)

is amended to read

Ms. Ford is clearly not entitled to summary judgment, either, since she did not establish the check would have cleared. And although we decide this appeal in her favor, we deny her request for attorney fees because an award at this time would be premature. Ms. Ford will be entitled to her attorney fees under the parties' contract and RCW 61.30.140(5) only if she prevails on remand and establishes a right to set aside the forfeiture.

DATED: September 24, 1996.

FOR THE COURT:

Dennis J. Sweeney

CHIEF JUDGE

19960924 ...


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