Denney v. City of Richland

• Decision Date: 07 May 2020
• Docket Number: No. 97494-2,97494-2
• Court: Washington Supreme Court
• Parties: Christopher DENNEY, Petitioner, v. CITY OF RICHLAND, Respondent.

195 Wash.2d 649

462 P.3d 842

Christopher DENNEY, Petitioner,

v.CITY OF RICHLAND, Respondent.

No. 97494-2

Supreme Court of Washington.

Argued March 12, 2020

Filed May 7, 2020

Jesse Andrew Wing, MacDonald Hoague & Bayless, Timothy Kent Ford, 705 2nd Ave. Ste. 1500, Seattle, WA, 98104-1745, for Petitioner.

Kenneth W. Harper, Quinn N. Plant, Menke Jackson Beyer, LLP, 807 N. 39th Ave., Yakima, WA, 98902-6389, for Respondent.

MADSEN, J.

The RAPs direct a party seeking review of a final judgment to appeal within 30 days, regardless of whether the judgment reserves for future determination an award of attorney fees or costs. RAP 2.2(a)(1), 5.2(a). We are asked whether a summary judgment order resolving all substantive legal claims constitutes a "final judgment" pursuant to RAP 2.2(a)(1). We hold that it does.

BACKGROUND

Christopher Denney, a firefighter, sued the city of Richland in 2017. He argued that the city violated the Public Records Act, ch. 42.56 RCW, by withholding two investigative complaints Denney made about on-the-job harassment and discrimination. In 2019, both Denney and the city filed cross motions for summary judgment. After a hearing, the trial court granted summary judgment for the city and denied Denney's motion, finding the requested records were properly exempted from disclosure as attorney work product. The order states, in relevant part:

Based on the foregoing IT IS ORDERED, ADJUDGED, AND DECREED:

1. Defendant City of Richland's motion for summary judgment is GRANTED;

2. Plaintiff Mr. Denney's motion for summary judgment is DENIED; 3. All claims and causes of action alleged by plaintiff in this matter are DISMISSED WITH PREJUDICE; and

[4.] Defendant City of Richland is the prevailing party herein and may present judgment accordingly.

Appellant's Mot. for Discr. Review, App. 6. The order is dated February 12, 2019. The city promptly filed its notice of presentation three days later. On March 14, 2019, the final judgment was entered against Denney, awarding taxable costs to the city for a total judgment of $200. Denney filed his notice of appeal on April 1, 2019, two weeks after the entry of final judgment and more than 30 days after the summary judgment and dismissal order.

Because Denney filed his appeal more than 30 days after the summary judgment order was issued, the Court of Appeals sua sponte set the matter for dismissal as untimely. Denney argued the 30-day limitation ran from the March 14 judgment; alternatively, he asked for an extension of time based on the extraordinary circumstance that the February 12 order was misleading. The Court of Appeals commissioner disagreed. She noted that under RAP 2.2(a)(1), "[t]he language Mr. Denney quotes from the [trial court's] Order was not misleading because it clearly refers to entry of a judgment in favor of the City, as the ‘prevailing party.’ The requested judgment is for a judgment that awards specific amounts as costs to the City." Id ., App. at 3 (ruling terminating review, No. 36720-7-III (May 17, 2019)). The commissioner dismissed Denney's appeal, which Denney then moved to modify. Chief Judge Lawrence-Berry denied the motion in part, upholding the commissioner's ruling dismissing Denney's appeal of the February 12 order and granting the motion as to the appeal of the March 14 final judgment on the "limited scope of the [$200] cost award." Id ., App. at 1 (Order Granting in Part and Denying in Part Mot. to Modify Comm'r’s Ruling, No. 36720-7-III (July 17, 2019)). Denney moved for discretionary review here, which we granted.

ANALYSIS

To determine the timeliness of Denney's appeal we must interpret our rules of appellate procedure. The interpretation of a court rule presents a question of law that we review de novo. State v. Stump , 185 Wash.2d 454, 458, 374 P.3d 89 (2016) (citing State v. Engel , 166 Wash.2d 572, 576, 210 P.3d 1007 (2009) ; Jafar v. Webb , 177 Wash.2d 520, 526, 303 P.3d 1042 (2013) ). When we interpret a court rule, similar to when we interpret a statute, we strive to determine and carry out the drafter's intent. Dep't of Ecology v. Campbell & Gwinn, L.L.C. , 146 Wash.2d 1, 9-10, 43 P.3d 4 (2002) (citing State v. J.M. , 144 Wash.2d 472, 480, 28 P.3d 720 (2001) ). We determine that intent by examining the rule's plain language, not in isolation but in context, considering related provisions, and in light of the statutory or rule-making scheme as a whole. State v. Conover , 183 Wash.2d 706, 711, 355 P.3d 1093 (2015) (quoting Ass'n of Wash. Spirits & Wine Distribs. v. Wash. State Liquor Control Bd ., 182 Wash.2d 342, 350, 340 P.3d 849 (2015) ).

Appealing a final order under the RAPs

RAP 2.2(a)(1) allows a party to appeal a "final judgment entered in any action or proceeding, regardless of whether the judgment reserves for future determination an award of attorney fees or costs." RAP 5.2(a)(1) requires a notice of appeal to be filed no later than "30 days after the entry of the decision of the trial court that the party filing the notice wants reviewed."

Definitions included in the appellate rules are controlling, but in their absence, this court will give a term its plain and ordinary meaning ascertained from a standard dictionary. State v. Taylor , 150 Wash.2d 599, 602, 80 P.3d 605 (2003) (citing State v. Watson , 146 Wash.2d 947, 954, 51 P.3d 66 (2002) ). The term "final judgment" is not defined in the RAPs. Id. We have looked to Black's Law Dictionary for a definition: " ‘A court's last action that settles the rights of the parties and disposes of all issues in controversy, except for the award of costs (and, sometimes, attorney's fees) and enforcement of the judgment.’ " Id. (quoting BLACK'S LAW DICTIONARY 847 (7th ed. 1999));¹ accord Wachovia SBA Lending, Inc. v. Kraft , 165 Wash.2d 481, 492, 200 P.3d 683 (2009). We have also relied on Webster's Third New International Dictionary : a final judgment is " ‘a judgment ... that eliminates the litigation between the parties on the merits and leaves nothing for the inferior court to do in case of an affirmance except to execute the judgment.’ " In re Pers. Restraint of Skylstad , 160 Wash.2d 944, 949, 162 P.3d 413 (2007) (alteration in original) (quoting WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 851 (2002)). Thus, this court has generally defined a final judgment in terms of its effect on the underlying cause of action. See also In re Dependency of A.G. , 127 Wash. App. 801, 808, 112 P.3d 588 (2005) (it is the "practical effect of an order which determines its appealability"). That is, whether it resolved the merits of a party's legal claims. See Taylor , 150 Wash.2d at 602, 80 P.3d 605 (quoting BLACK'S , supra , at 847 (7th ed. 1999)); Skylstad , 160 Wash.2d at 949, 162 P.3d 413 (quoting WEBSTER'S , supra , at 851).

The definitional focus on the effect of a judgment is borne out in our appellate rules.

See 21 SCOTT J. HORENSTEIN, WASHINGTON PRACTICE: FAMILY AND COMMUNITY PROPERTY LAW § 51:7, at 250 (2d ed. 2015) (stating that judgments listed in RAP 2.2 are all characterized by a measure of finality). As stated above, a party may appeal within 30 days a "final judgment ..., regardless of whether the judgment reserves for future determination an award of attorney fees or costs." RAP 2.2(a)(1) ; RAP 5.2(a). RAP 2.2(a)(1) exempts attorney fees from an otherwise final judgment on the merits.

Dovetailing RAP 2.2, RAP 2.4(b) explains that "[a] timely notice of appeal of a trial court decision relating to attorney fees and costs does not bring up for review a decision previously entered in the action that is otherwise appealable under rule 2.2(a) unless a timely notice of appeal has been filed to seek review of the previous decision." An "appeal from an attorney fee decision does not bring up for review a separate judgment on the merits unless a timely notice of appeal is filed from that judgment." Bushong v. Wilsbach , 151 Wash. App. 373, 377, 213 P.3d 42 (2009). Under RAP 2.4(g), an appeal from the judgment on the merits also brings up for review an award of attorney fees by the trial court, entered after the appellate court has accepted review. The rule eliminates the need to file a second, separate notice of appeal from an award of attorney fees. 2A KARL B. TEGLAND, WASHINGTON PRACTICE: RULES PRACTICE RAP 2.4, at 198 (8th ed. 2014).

Read together, RAPs 2.2 and 2.4 differentiate between appeals on the merits of a legal claim and on its costs. A party who wishes to appeal both need not appeal separately. A party may file a notice on the merits of a case and so bring along a later cost judgment, while the reverse brings up only attorney fees and costs. Bushong , 151 Wash. App. at 376, 213 P.3d 42.

The drafter's comments for RAPs 2.2 and 2.4 reinforce the distinction between finality on the merits and finality of costs. In 2002, RAP 2.2 was amended, and the drafters explained that the rule "makes clear that a party may, and indeed should if review on the merits is desired, appeal from a final judgment whether or not an award of attorney fees or costs is reserved for future determination." 2A TEGLAND , supra , RAP 2.2, at 133 (8th ed. 2014).² This amendment resolved a "long-standing debate about whether an appeal must be delayed pending a decision on costs or attorney fees." Id . The comment accompanying a corresponding amendment to RAP 2.4 explains the drafters’ intent that the time limit for an appeal runs from entry of the final judgment and is not tolled until issues of costs and attorney fees are resolved. Id .

As RAPs 2.2 and 2.4 demonstrate, our appellate rules contemplate various final judgments that may be appealed. "A judgment may be final even though further steps in the case are contemplated or become necessary." 2A TEGLAND , supra , RAP 2.2, at 100 (8th ed. 2014); see also Rhodes v. D&D Enters., Inc. , 16 Wash. App. 175, 176-78, 554 P.2d 390 (1976) (order construing real estate contract and directing conveyance of part of a land parcel was held to be final judgment even...