prevailing party inquiry (Washington) · Go Syfert
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prevailing party inquiry in Washington

12 Washington opinions name it 2 courts 1999–2024 1 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Sardam v. Morfordgreen
washctapp · 1988 · cited in 2 Washington opinions naming this issue, 2008–2008
2 sentences

2008App. 908, 911 , 756 P.2d 174 (1988) (where both parties prevail on major issues, neither is entitled to attorney fees). ¶34 The Morrells maintain, however, that the panel’s reference to the prevailing party analysis shows clear error on the face of the award.

2008See Sardam v. Morford, 51 Wash.App. 908, 911 , 756 P.2d 174 (1988) (where both parties prevail on major issues, neither is entitled to attorney fees). ¶ 34 The Morrells maintain, however, that the panel's reference to the prevailing party analysis shows clear error on the face of the award.

12
Barefield v. Barefieldgreen
wash · 1966 · cited in 1 Washington opinions naming this issue, 2024–2024
2 sentences

2024See Barefield v. Barefield, 69 Wn.2d 158, 162-63 , 417 P.2d 608 (1966) (trial court’s summary award of custody to respondent at the conclusion of petitioner’s case-in-chief in divorce hearing was an irregularity that deprived petitioner of a fair trial). 12 No. 86630-3-I reverse the trial court’s entry of judgment in favor of Bell on her adverse possession claim, we vacate the trial court’s orders awarding prevailing party attorney fees and costs under RCW 7.28.083(3) because Bell is no longer a prevailing party on that claim. 5 Lastly, both parties also request attorney fees on appeal pursuan

2024See Barefield v. Barefield, 69 Wn.2d 158, 162-63 , 417 P.2d 608 (1966) (trial court’s summary award of custody to respondent at the conclusion of petitioner’s case-in-chief in divorce hearing was an irregularity that deprived petitioner of a fair trial). 12 No. 86630-3-I reverse the trial court’s entry of judgment in favor of Bell on her adverse possession claim, we vacate the trial court’s orders awarding prevailing party attorney fees and costs under RCW 7.28.083(3) because Bell is no longer a prevailing party on that claim. 5 Lastly, both parties also request attorney fees on appeal pursuan

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Texas State Teachers Ass'n v. Garland Independent School District green
scotus · 1989
2 sentences

2010The Supreme Court stated that "[t]he touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner which Congress sought to promote in the fee statute." Texas State Teachers Ass'n, 489 U.S. at 792-93 , 109 S.Ct. 1486 .

2010The Supreme Court stated that “[t]he touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner which Congress sought to promote in the fee statute.” Texas State Teachers Ass’n, 489 U.S. at 792-93 .

32010–2019
Farrar v. Hobby green
scotus · 1992
2 sentences

2010The Supreme Court has also ruled that "[w]hatever relief the plaintiff secures must directly benefit him at the time of the judgment or settlement." Farrar, 506 U.S. at 111 , 113 S.Ct. 566 .

2010The Supreme Court has also ruled that “[w]hatever relief the plaintiff secures must directly benefit him at the time of the judgment or settlement.” Farrar, 506 U.S. at 111 .

22010–2010
Northwest Television Club, Inc. v. Gross Seattle, Inc. green
wash · 1982
2 sentences

2008For instance, in Northwest Television Club, Inc. v. Gross Seattle, Inc., 96 Wn.2d 973, 985-986 , 634 P.2d 837 , 640 P.2d 710 (1981), the court concluded its discussion of the RAP 14.2 issue by summarizing the procedural history of the case: It is clear, however, that each party partially prevailed in the Court of Appeals, and that in those circumstances the court commissioner was correct under the rule and the case law to deny costs.

2008For instance, in Northwest Television Club, Inc. v. Gross Seattle, Inc., 96 Wn.2d 973, 985-986 , 634 P.2d 837 , 640 P.2d 710 (1981), the court concluded its discussion of the RAP 14.2 issue by summarizing the procedural history of the case: It is clear, however, that each party partially prevailed in the Court of Appeals, and that in those circumstances the court commissioner was correct under the rule and the case law to deny costs.

22008–2008
In the Matter of Marriage of Belsby neutral
washctapp · 1988
2 sentences

2003In re Marriage of Belsby, 51 Wash.App. 711, 719 , 754 P.2d 1269 (1988).

2003In re Marriage of Belsby, 51 Wn.

22003–2003
Parmelee v. O'Neel green
wash · 2010
1 sentence

2019Ed. 2d 866 (1989)). “[T]he touchstone of the prevailing party inquiry [is] the material alteration of the legal relationship of the parties in a manner which Congress sought to promote in the fee statute.” Parmelee, 168 Wn.2d at 522 (citing Texas St.

12019–2019
In re the Marriage of Wilson green
washctapp · 2003
1 sentence

2013In re Marriage of Wilson, 117 Wn.

12013–2013
State v. Blank green
wash · 1997
1 sentence

1999We do not need to consider any such issues in this case, for Nolan did not prevail on any issue raised in his appeal. 4 See Blank, 131 Wn.2d at 242 n.6; RCW 9.94A.145 (defining the period during which legal financial obligations of convicted felons may he enforced). 5 One exception to this test is, of course, that if the indigent appellant is the substantially prevailing party, he or she will not be ordered to pay appellate costs.

11999–1999
In Re the Personal Restraint of Davis green
washctapp · 1999
1 sentence

1999App. 917 , 920 n.2, 977 P.2d 630 (1999), mot for discretionary review granted, No. 68053-1 (Wash. Sept. 30, 1999). 2 Notwithstanding the prevailing party standard, if an indigent appellant prevails on appeal, he or she “may not recover costs from the State for expenses paid with public funds[.]” RAP 14.3(c). 3 Issues may arise regarding the meaning of “substantially prevails” in the context of some criminal appeals — for example, where an appellant’s conviction is affirmed but the case is remanded for resentencing.

11999–1999

Statutes the citing opinions construe

WA § Wash. Rev. Code § 4.84.330 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ID 37 (2003–2026) FL 29 (1990–2026) CA 28 (1989–2026) TX 16 (1958–2023) AZ 14 (2007–2023) WA 12 (1999–2024) UT 11 (1994–2024) AK 11 (1988–2024) CO 9 (1983–2025) OH 9 (1991–2024) TN 8 (2001–2026) OR 8 (2001–2023) PA 5 (1997–2025) NV 5 (2015–2021) IA 5 (2016–2021) OK 5 (2011–2019) HI 3 (2002–2009) MO 3 (1995–2016) NJ 3 (1997–2000) IN 3 (1986–2008) NY 3 (1983–2025) MS 2 (1995–1997) DC 2 (2003–2016) NM 2 (2022–2022) MA 2 (1937–1994) AL 2 (1990–2007) WI 2 (2020–2023) VA 2 (1990–2017) LA 2 (1983–2009) KS 2 (2022–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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