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Luckett V. Boeing Company

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eBook details

  • Title: Luckett V. Boeing Company
  • Author : Washington Court of Appeals
  • Release Date : January 08, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

In Appellant Edith Luckett's discrimination suit against Respondent Boeing, Luckett's attorney failed to file a confirmation of joinder or statement of arbitrability and subsequently failed to appear at two status conferences. The trial court dismissed Luckett's action without prejudice because the confirmation of joinder had not been filed. Four months after becoming aware that the action had been dismissed but within one year of the dismissal, Luckett's attorney filed a motion to vacate the order. The trial court denied the motion. We hold that a motion brought under CR 60(b)(1) may be untimely if it is not made within a reasonable time even if it is filed within one year from the date of the judgment, order, or proceeding from which relief is sought. Although we prefer the resolution of cases on their merits, we affirm the trial court's denial of Luckett's motion to vacate because it was not an abuse of discretion to find that the motion was untimely.


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