Pace-Knapp v. Pelascini, 67393-9-I

Decision Date13 November 2012
Docket NumberNo. 67393-9-I,67393-9-I
CourtWashington Court of Appeals
PartiesVILA PACE-KNAPP, Appellant, v. Dick and Cecilia Pelascini, husband and wife and their marital community; Thomas Boboth; and Pacific Shoreline Mortgage, Inc., Respondents, WINDERMERE REAL ESTATE/ BELLEVUE COMMONS, INC., Defendant.

UNPUBLISHED OPINION

Schindler, J.Vila Pace-Knapp argues the trial court erred by (1) calculating postjudgment interest from 2009 instead of 2006 on an amount that did not include attorney fees; (2) denying her request for attorney fees incurred on remand; and (3) entering an order to release the $35,990 deposited in the court registry to Dick and Celia Pelascini, Thomas Boboth, and Pacific Shoreline Mortgage Inc. (collectively Pelascinis). We affirm.

This is the third appeal in this case. The facts are set forth in our prior opinions.Pace-Knapp v. Pelascini, 143 Wn. App. 1037, 2008 WL 699279; Pelascini v. Pace-Knapp, 160 Wn. App. 1005, 2011 WL 489756. We repeat the facts only as necessary.

On December 1, 2006, the court ruled in Pace-Knapp's favor and entered judgment for Pace-Knapp. In the first appeal, we remanded for a determination of damages and attorney fees under the Consumer Protection Act (CPA), chapter 19.86 RCW. Pace-Knapp, 2008 WL 699279, at *1. On remand, the court entered a judgment on June 12, 2009, awarding damages, prejudgment interest, and attorney fees.

In the second appeal, the Pelascinis challenged the award of attorney fees and prejudgment interest. Pelascini, 2011 WL 489756, at *1,1 We concluded that the court erred by awarding fees related to a petition for supreme court review, and made a calculation error with respect to prejudgment interest. Pelascini, 2011 WL 489756, at *9. We affirmed in all other respects and remanded "to recalculate the attorney fee award and prejudgment interest." Pelascini, 2011 WL 489756, at *1.

The trial court entered an amended judgment on April 22, 2011, subtracting the amounts for attorney fees related to the petition for review and duplicative prejudgment interest.

In this third appeal, Pace-Knapp argues the trial court erred by refusing to award postjudgment interest dating back to the judgment entered December 1, 2006, by not awarding postjudgment interest on attorney fees, by denying her request for attorney fees, and by releasing the funds deposited in the court registry to the Pelascinis.

Pace-Knapp's appeal of the decisions to deny her request to awardpostjudgment interest back to 2006 and to deny her request for attorney fees is untimely. The court entered its judgment on April 22, 2011. On April 22, 2011, the court also denied Pace-Knapp's motion requesting additional attorney fees and to clarify the date postjudgment interest began to accrue. Pace-Knapp filed her motion for reconsideration a day late on May 3, 2011. The motion asked the court to reconsider its order denying Pace-Knapp's motion requesting additional attorney fees and to clarify the date postjudgment interest began to accrue. On June 7, 2011, the court entered an order releasing the funds deposited in the court registry. Pace-Knapp filed her notice of appeal on July 7, 2011.

RAP 5.2(a) requires a party to file a notice of appeal within 30 days of the order for which review is sought. Further, RAP 5.2(e) requires that a party file a timely motion for reconsideration in order to extend the time to appeal an order. Stedman v. Cooper, _ Wn. App. _, 282 P.3d 1168, 1170 (2012)....

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