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eBook details

• Title: Burton V. Ascol
• Author : Supreme Court of Washington
• Release Date : January 06, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Marion D. Burton, a general contractor, brought a lien foreclosure action against Richard B. Ascol for work performed by Burton. Ascol counterclaimed against Burton, alleging negligent workmanship, breach of contract, and violations of the Consumer Protection Act, RCW 19.86. Ascol also filed a claim against Allied Fidelity Insurance Company, Burton's surety. The trial court entered a judgment for Ascol. In this appeal, Burton and Allied Fidelity contend the trial court erred by applying the Consumer Protection Act and awarding Ascol costs and attorney fees pursuant to the mechanics' and materialmen's lien foreclosure statute, RCW 60.04. Burton and Allied Fidelity also raise a number of issues concerning the trial court's award of damages and attorney fees pursuant to the Consumer Protection Act. Allied Fidelity further contends that the trial court lacked jurisdiction because Allied Fidelity never consented to have the case heard by a judge pro tempore pursuant to RCW 2.08.180 and the state constitution, article 4, section 7, and that the judgment against it is void for lack of notice. We hold that the trial court erred in applying the Consumer Protection Act and in awarding Ascol costs and fees pursuant to RCW 60.04. We also hold that the trial court did have jurisdiction and the judgment

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