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HUBBARD v. SCROGGIN

No. 11821-5-III.

68 Wn. App. 883 (1993)

846 P.2d 580

DARLA H. HUBBARD, Respondent, v. ANN MILLER SCROGGIN, Appellant.

The Court of Appeals of Washington, Division Three.

March 4, 1993.

Attorney(s) appearing for the Case

Jacqueline G. Newcomb and Paine, Hamblen, Coffin, Brooke & Miller, for appellant.

Martin Gales and Montgomery, Carroll & Gales, for respondent.

SHIELDS, C.J.

Darla H. Hubbard sued Ann Miller Scroggin to recover an alleged $2,000 down payment on a house. The trial court awarded Ms. Hubbard $2,000, statutory attorney fees and costs. Ms. Scroggin appeals, contending Ms. Hubbard voluntarily dismissed her claim after resting her case, and the court improperly reinstated the claim after hearing evidence on Ms. Scroggin's counterclaim for outrage. We reverse and remand...

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