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KINSMAN v. ENGLANDER

No. 34849-7-II.

167 P.3d 622 (2007)

Norma M. KINSMAN, a single woman, Respondent, v. Michael ENGLANDER and Carolyn Englander, individually and the marital community comprised thereof; and Washington State Employees Credit Union, a non-profit corporation, Appellants.

Court of Appeals of Washington, Division 2.

September 18, 2007.

Attorney(s) appearing for the Case

Mark Ronald Roberts, Davis Roberts & Johns PLLC, Gig Harbor, WA, for Appellant.

Robert William Denomy Jr., Attorney at Law, Tacoma, WA, for Respondent.

PUBLISHED IN PART OPINION

BRIDGEWATER, P.J.

¶ 1 Michael and Carolyn Englander appeal from a trial court's order to quiet title to a portion of disputed property in favor of Norma M. Kinsman. We hold that due to advanced age and physical infirmities, the use of the deposition of a material witness was appropriate because she was unavailable at trial. But, we hold that the use of telephonic testimony of the same witness in rebuttal was improper without...

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