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IN RE TRUSTEE'S SALE OF WHITMIRE

No. 32786-4-II.

140 P.3d 618 (2006)

134 Wash.App. 440

In re the TRUSTEE'S SALE OF the REAL PROPERTY OF Jack WHITMIRE and Debbie E. Whitmire, Tenant(s) in Common. Dennis G. Ott, P.S., Appellant, v. Estate of Debbie E. Whitmire, Respondent.

Court of Appeals of Washington, Division 2.

August 8, 2006.

Attorney(s) appearing for the Case

Dennis George Ott, Attorney at Law, Kelso, WA, for Appellant.

Michael Allen Claxton, Walstead Mertsching PS, Longview, WA, for Respondent.

HUNT, J.

¶ 1 Attorney Dennis Ott appeals a superior court order denying his request for disbursement of surplus funds from a nonjudicial foreclosure sale of the former family home, previously awarded to the former husband of his deceased client, Debbie E. Whitmire, to satisfy Ott's judgment against Whitmire for nonpayment of her dissolution-action attorney fees. Ott argues that (1) the foreclosure court erred in ordering transfer of the surplus funds to Whitmire...

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