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Lesley v. State

October 16, 1996

DIEDRE AND TERELL LESLEY, GUARDIANS AD LITEM FOR TAYLOR LESLEY, A MINOR; AND DIEDRE AND TERELL LESLEY, HUSBAND AND WIFE, APPELLANTS,
v.
THE STATE OF WASHINGTON ON BEHALF OF THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES; SALLY SCOTT; SALLY MAUER; AND DR. DOUGLAS J. LAMBRECHT, RESPONDENTS.



Coleman, J., Webster, J., Grosse, J.

ORDER CHANGING OPINION AND DENYING FURTHER RECONSIDERATION.

The respondents, having filed a motion for reconsideration herein, and the panel having determined that the motion should be granted in part and the opinion changed, now therefore, it is hereby

ORDERED that the motion for reconsideration be granted in part, and further

ORDERED that the opinion of this court in the above-entitled case filed August 26, 1996, be changed as follows:

On page 18 in the last sentence of the first full paragraph, the text which reads:

As permitted by statute, we also award the Lesleys attorney fees incurred appealing this claim. See 42 U.S.C. § 1988.

shall be replaced with the following:

The Lesleys have requested attorney fees on appeal which they are entitled to if they ultimately prevail on the merits. In the event they prevail, they may request attorney fees for this appeal in the trial court.

The remainder of the opinion shall remain the same.

The opinion having been changed, further reconsideration is denied.

Dated this 16th day of October, 1996.

Coleman, J

Webster, ...


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