Glaefke v. Reichow
Glaefke v. Reichow
Opinion of the Court
Petitioners/cross respondents Keith and Susan Reichow have filed a motion for discretionary review of a decision of the Superior Court on a RALJ appeal. Respondents/cross petitioners Sharon Glaefke and Kenneth Allgeier have filed a "Notice of Cross-Appeal to Court of Appeals."
This case involves a landlord-tenant dispute. Glaefke and Allgeier are former tenants of a residence owned by the Reichows in Renton. Glaefke and Allgeier occupied the rental property for a period of almost 2 years before they gave oral notification that they would vacate the house at the end of August 1986. Glaefke and Allgeier vacated the premises on August 31, 1986, and subsequently commenced this action in Renton District Court to recover, among other things, the full amount of their $400 damage deposit.
After a trial on the merits the District Court, having entered findings of fact and conclusions of law, awarded attorney fees in the amount of $1,500 in favor of the Rei-chows and against Glaefke and Allgeier. The decision of the District Court was appealed to the King County Superior Court. On appeal, the Superior Court "modified" the decision of the District Court, holding
Tenant entitled to $400 deposit plus double damages of $400, less $485 in rent for landlord, plus $250 in attorney fees for $565 judgment for Sharon Glaefke.
Factual Determinations. The superior court shall accept those factual determinations supported by substantial evidence in the record (1) which were expressly made by the court of limited jurisdiction, or (2) that may reasonably be inferred from the judgment of the court of limited jurisdiction.
Accordingly, the motion for discretionary review is granted, the decision of the King County Superior Court on RALJ appeal is reversed and the case is remanded to the Superior Court for further proceedings consistent with RALJ 9.1 and cases interpreting that rule.
Reconsideration denied July 5, 1988.
Review denied by Supreme Court November 1, 1988.
The "Notice of Cross-Appeal" shall be treated as a notice for discretionary review pursuant to RAP 5.1(d).
Reference
- Full Case Name
- Sharon Glaefke v. Keith Reichow
- Cited By
- 2 cases
- Status
- Published