In a civil action tried to the court, judgment was entered immediately after the findings of fact were filed, and D moved for a new trial. Before the motion was ruled upon, he perfected an appeal. The motion was later denied, after which D gave a second notice of appeal. His statement of facts was served 125 days after the entry of judgment and forty-six days after the denial of the motion. P moved to strike the statement of facts, contending that the time for filing and serving the statement had expired ninety days after the date of entry of judgment. Held: Motion denied. A statement of facts must be served and filed within ninety days after the date of entry of judgment, or, if a motion for a new trial has been timely filed, within ninety days from the date of entry of the order denying the motion for a new trial. Dunseath v. Hallauer, 40 Wn. 2d 708, 246 P. 2d 496 (1952).
Rules on Appeal—Time for Filing Statement of Facts Where Motion for New Trial Pending After Entry of Judgment,
28 Wash. L. Rev. & St. B.J.
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