In Re The Marriage Of: Lashandre Bent v. Michael Bent ( 2015 )

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In re the Matter of the Marriage of: No. 46824- 7- I13,{
LA SHANDRE NICHELE BENT,
Respondent,
UNPUBLISHED OPIN]
MICHAEL ST. GEORGE BENT,
2
MELNICK, J. — Michael Bent appeals the trial court' s ordersl entered following a
dissolution action. He raises many constitutional arguments, most of which seem to involve the
parenting plan' s residential provisions and the trial court' s relocation order permitting La Shandre
Bent' s relocation to Florida with their children. We hold that Michael' s constitutional arguments
are meritless and that the trial court did not abuse its discretion when it established the parenting
plan' s residential provisions and granted La Shandre' s relocation petition. We affirm.
FACTS
La Shandre and Michael Bente married on June 29, 1991, and separated on June 10, 2013
They have two dependent children who were ages 14 and 11 at the time of separation.
1 Bent' s brief is difficult to understand and he does not make clear which trial court orders he is
appealing.
2 To avoid confusion, we refer to the parties by first name throughout the remainder of this opinion.
We intend no disrespect.
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La Shandre filed for dissolution.3 On June 10, 2013, the trial court granted La Shandre a
order against Michael and issued an order to show cause. After the show
temporary restraining
cause hearing, the trial court entered a temporary order establishing family support and it also
entered a temporary restraining order against Michael, allowing only supervised visitation with the
children. The trial court also ordered Michael to undergo a full psychological exam.
Michael moved the trial court to amend the temporary restraining order, appoint a guardian
ad litem, order a psychological assessment of La Shandre, and order a bilateral child custody
evaluation. Following a hearing, the trial court ordered that Michael' s visitation with the children
shall no longer be supervised and appointed Dr. Landon Poppleton to perform a bilateral child
custody evaluation. The trial court denied the remainder of Michael' s motions.
Dr. Poppleton began the evaluation in November 2013. "[ T] he original focus of the
evaluation was strictly on [ Michael] and what amount of parenting time his disposition approach
would be able to sustain." I Report of Proceedings ( RP) at 94. But after La Shandre filed a notice
of intent to relocate to Florida, Dr. Poppleton performed psychological testing on La Shandre.
On June 23, 2014, Dr. Poppleton completed a bilateral child custody evaluation and issued
a report. Dr. Poppleton concluded that a difficult dynamic exists between La Shandre and Michael,
which " does not bode well for joint decision making." Ex 2, at 24. Dr. Poppleton concluded that
both children demonstrated a good relationship with each parent and that La Shandre had been the
primary parent, carrying the demands of day-to- day parenting. Dr. Poppleton also investigated the
issue of La Shandre' s intent to relocate to Florida. Dr. Poppleton reviewed each RCW 26. 09. 520
3 The record on appeal does not contain La Shandre' s petition for dissolution; however, the parties
agree that La Shandre filed for dissolution. La Shandre asserts that she filed for dissolution on
June 10, 2013.
F)
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relocation factor and recommended that the trial court allow La Shandre to relocate with the
children.
Trial began .on July 7, 2014. The trial court heard testimony from Dr. Poppleton, La
Shandre, Michael, one of Michael' s coworkers, and one of Michael' s extended family members.
The parties presented evidence that La Shandre had been the children' s primary caregiver and that
she quit working, at Michael' s request, after the oldest child was born. The evidence also showed
that both children had a good relationship with each parent and that La Shandre carried the
demands of day- to- day parenting. The trial court heard testimony regarding available familial
support in Florida, as well as the children' s involvement in school and extracurricular activities
and the availability of those activities if the children reside primarily with La Shandre in Florida.
The trial court also heard testimony regarding Michael' s employment schedule.
On August 20, 2014, the trial court issued an oral ruling. The trial court found Dr.
Poppleton' s report and testimony to be " very instructive and reliable." VI RP at 724. On October
10, 2014, the trial court entered written findings of fact and conclusions of law, a dissolution
decree, a permanent parenting plan, a child support order, and an order on objection to relocation.
The trial court designated La Shandre as the primary custodial parent4 because, based on
the testimony of Dr. Poppleton, La Shandre, and Michael, she spent the majority of the time with
the children. After considering each RCW 26. 09. 5 20 relocation factor, the trial court ordered that
La Shandre could relocate with the children. The trial court entered the following written findings
based on the factors enumerated in RCW 26. 09. 520: ( 1) La Shandre and Michael both have a
strong relationship with the children, but La Shandre has been more involved with the children' s
lives. ( 2) Although there is no agreement for La Shandre to relocate with the children, La Shandre
4 RCW 26. 09. 285
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and Michael had previously significantly discussed moving the family to Florida and the evidence
that to Florida would be beneficial for the children. ( 3) It
presented supports they agreed a move
would be more detrimental to disrupt contact between the children and La Shandre and she will be
the better parent to help the children work through changes resulting from the move to Florida than
Michael. ( 4) Restrictions under RCW 26. 09. 191 do not apply. ( 5) La Shandre sought the
relocation in good faith, and Michael objected in good faith. ( 6) Although there will be
adjustments to new schools in Florida and negative effects of moving the children, there is no
evidence of physical detriment and no detriment sufficient to rebut the presumption. ( 7) This
factor does not apply because the quality of life in both locations is comparable. ( 8) The parenting
plan provides an " alternate arrangement sufficient to continue the children' s relationship with
Michael]." Clerk' s Papers ( CP) at 105. ( 9) This factor does not apply. ( 10) The financial benefits
to La Shandre and the children outweigh the cost. ( 11) The trial court did not consider this factor
because it was making a final decision.
The trial court ordered that when La Shandre and the children moved to Florida, Michael
would have parenting time during the school year of one visit every three months in Washington,
including the children' s winter and spring breaks. Additionally, the trial court ordered that
Michael would be entitled to one visit per month in Florida that would equate to a standard
weekend of two overnights. Furthermore, the trial court awarded Michael 60 percent of the
summer break in one block of time. The trial court scheduled holidays between the parents in
alternating even and odd years.
Michael appeals.
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ANALYSIS
I. SELF -REPRESENTED LITIGANT AND ASSIGNMENTS OF ERROR
Michael first requests us to overlook " any formatting or procedural oversights" in his
appeal because he is a self r
-epresented litigant ( SRL). Br. of Appellant at 10. SRL' s are held to
the same standard as attorneys and must comply with all procedural rules on appeal. In re
Marriage of Olson, 69 Wn. App. 621, 626, 850 P.2d 527 ( 1993). We reject Michael' s request.
RAP 10. 3( a)( 4) & ( g) requires separate assignments of error for each of the trial court' s
contested factual findings. Because Michal failed to assign error to any of the trial court' s factual
findings, we treat them as verities on appeal. Tapper v. Emp' t Sec. Dep' t, 122 Wash. 2d 397, 407,
858 P.2d 494 ( 1993).
II. PRESUMED CONSTITUTIONALITY OF STATUTES
Michael requests " a Declaratory Judgment clarifying Washington' s Courts' holding on
of civil statutes." Br. of Appellant at 13. Notwithstanding that a
presumed constitutionality
declaratory judgment is not appropriate in this forum, the case law in this area is very clear: courts
presume that statutes are constitutional and the burden to show unconstitutionality is on the
challenger. Assn of Wash. Spirits & Wine Distribs. v. Wash. State Liquor Control Bd., 182 Wash. 2d
342, 350, 340 P.3d 849 ( 2015); Amunrud v. Bd. ofAppeals, 158 Wash. 2d 208, 215, 143 P.3d 571
2006); In re Marriage of Johnson, 96 Wash. 2d 255, 258, 634 P.2d 877 ( 1981). We reject Michael' s
request for a declaratory judgment.
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III. MICHAEL' S CONSTITUTIONAL ARGUMENTS LACK MERIT
A. " Right to Parent -Child Association"— Fundamental Parental Liberty Interest
Michael argues that, although his " legal right to parentage was undisturbed," the trial
5
court' s orders violate his " right to parent- child association. , Br. of Appellant at 18, 26. It is
unclear to which trial court order Michael is referring, but Michael seems to claim that the
plan violated his fundamental parental liberty interest. This argument lacks merit and
parenting
we reject it.
In support of his argument, Michael relies on In re the Marriage ofKing, 162 Wash. 2d 378,
386, 174 P.3d 659 ( 2007). But his reliance is misplaced. In that case, our Supreme Court held
that in dissolution proceedings, the trial court must balance the rights of both parents and further
held that fundamental constitutional rights are not implicated as in a termination or dependency
proceeding. King, 162 Wash. 2d at 385. " The entry of a parenting plan effectuating the legislative
purpose of continued parental involvement in the children' s lives does not equate to an action
where the State is seeking to terminate any and all parental rights and parental involvement with
King, 162 Wash. 2d at 385. The
the children, severing the parent- child relationship permanently."
entry of a parenting plan is a statutory requirement when children are involved in the marriage,
and entry of such does not terminate either parent' s parental rights. King, 162 Wash. 2d at 385.
Rather, it allocates parental rights to ensure that the parents may still exercise those rights. King,
162 Wash. 2d at 3 85. " Even where a parenting plan results in [children] spending substantially more,
5
Throughout his brief, Michael refers to the " County." The record contains no information that
any county or state agency had involvement in this case. Additionally, from the context of some
of Michael' s arguments, he seems to use " County" to refer to the trial court. We do our best to
address all of his arguments.
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or even all, of ... [ their] time with one parent rather than the other, both parents remain parents
and retain substantial rights, including the right to seek future modification of the parenting plan."
King, 162 Wash. 2d at 386; RCW 26. 09.260.
This case is a dissolution proceeding with a parenting plan, not a termination or dependency
proceeding. The state is not a party to the proceedings and had no say in determining how La
Shandre' s and Michael' s residential time was divided. Michael provides no developed argument
as to why the parenting plan does not effectuate the legislative purpose of continued parental
involvement. Thus, the interest at stake in this proceeding is not a fundamental parental liberty
interest. We reject Michael' s argument.
B. State and Federal Equal Protection Claims
Michael next argues that a state or federal equal protection analysis should have been
applied in the dissolution proceeding. Michael claims that no compelling state interest exists to
justify allegedly violating his right to equal protection. For a violation of equal protection to occur,
a law or its application must confer a privilege to a class of citizens. WASH. CONST., art. 1, § 12;
King, 162 Wash. 2d at 396. The privileges and immunities provision of our constitution protects
against,laws serving the interest of special classes of citizens to the detriment of the interests of
all citizens."' King, 162 Wash. 2d at 397 ( quoting Grant, County. Fire Prot. Dist. No. S v. City of
Moses Lake, 150 Wash. 2d 791, 812; 83 P.3d 419 ( 2004)). Privileges and immunities refers to
fundamental to Washington. King, 162 Wash. 2d at 397. But here,
rights that belong citizens of
Michael fails to identify a privilege and how the dissolution statutes deny him a privilege to which
he would have been entitled but for state interference. Fundamental constitutional rights are not
implicated. Therefore, we reject Michael' s argument.
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Additionally, no violation occurred under a federal equal protection analysis. No state shall
its jurisdiction the equal protection of the laws." U. S. CONST. amend.
deny to any person within
XIV, § 1. " The states must treat like cases alike." King, 162 Wash. 2d at 397. Michael cites no case
supporting his claim that the state has drawn any distinction or classification to which he is subject.
In addition, the record contains no basis to conclude that the state is responsible for any
classification. See King, 162 Wash. 2d at 397. Therefore, no basis exists for Michael' s claim that the
state violated his constitutional rights under federal equal protection analysis. We reject this
argument.
C. Parental Autonomy
Michael next seems to argue that the parenting plan infringes on " his right to parental
autonomy." Br. of Appellant at 36. But the trial court imposed no restrictions on Michael' s
parenting. The trial court specified that no statutory restrictions applied.6 Furthermore, the trial
court ordered that "[ e] ach parent shall make decisions regarding the day-to- day care and control
of each child while the children are residing with that parent" and that " either parent may make
health or CP at 128. The trial court
emergency decisions affecting the safety of the children."
ordered that major educational and medical decisions shall be made jointly. It imposed no
restrictions on decision making. Therefore, Michael' s argument is without merit and we reject it.
D. Due Process Violations
Michael next argues that the " huge financial burdens" imposed on him by the trial court' s
orders violated due process. Br. of Appellant at 39. Michael does not identify which of the trial
court orders he challenges and provides no substantive argument regarding the property
distribution, maintenance award, or child support order. "'[ P] arties raising constitutional issues
RCW 26. 09. 191
H.,
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must present considered arguments to this court.' ... `[ N] aked castings into the constitutional sea
are not sufficient to command judicial consideration and discussion."' State v. Bonds, 174 Wn.
App. 553, 567 n. 3, 299 P.3d 663 ( 2013) ( quoting State v. Johnson, 119 Wash. 2d 167, 171, 829 P.2d
1082 ( 1992)) ( second alteration in original) ( citation omitted). We decline to consider Michael' s
due process argument.
E. 42 U.S. C. § 1983 Claim
Michael seems to seek relief under 42 U.S. C. § 1983, alleging that the trial court infringed
on his rights. " Under 42 U.S. C. § 1983, a plaintiff may recover money damages if [he] can show
that [ he] has been deprived of some federal right." Sintra, Inc. v. City ofSeattle, 119 Wash. 2d 1, 11,
829 P.2d 765 ( 1992). Although state courts have concurrent jurisdiction to hear and decide § 1983
claims, Michael never brought a claim in the trial court for deprivation of substantive due process
1983. See Sintra, Inc., 119 Wash. 2d at 11. Because
rights or an unconstitutional taking under §
there is nothing to review, we reject this claim.
III. RESIDENTIAL PROVISIONS
Michael next seems to argue that because he is the fitter parent, the trial court' s conclusion
that it would be in the best interest of the children to reside the majority of the time with La Shandre
is incorrect. Michael fails to assign error to the trial court' s finding that La Shandre is the primary
Michael also argues that the state' s " parens patriae duty obligated it to assure the Bent children
were entrusted to fit parent( s)." Br. of Appellant at 28. The state was not a party in this private
matter initiated by the parties. Michael' s argument is unclear, misplaced, and unsupported by any
legal basis; therefore, we do not consider Dependency of I.J.S., 128 Wash. App. 108,
it. See In re
116, 114 P.3d 1215 ( 2005) ( The state has an obligation to intervene and protect a child from harm
in a termination proceeding.).
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custodial parent. He also fails to provide sufficient argument on the parenting plan. We hold that
the trial court did not abuse its discretion in establishing the parenting plan' s residential provisions.
A. Standard of Review
We review a trial court's decisions about the parenting plan provisions for an abuse of
599, 606, 109 P.3d 15 ( 2005). A trial court
discretion. In re Custody of Halls, 126 Wn. App.
abuses its discretion if the decision rests on unreasonable or untenable grounds. Halls, 126 Wn.
App. at 606. Because the trial court hears evidence firsthand and has a unique opportunity to
the witnesses, we are "` reluctant to disturb child placement dispositions."' In
observe extremely
re Parentage of Schroeder, 106 Wn. App. 343, 349, 22 P.3d 1280 ( 2001) ( quoting In re Marriage
of Schneider, 82 Wn. App. 471, 476, 918 P.2d 543 ( 1996), overruled on other grounds by In re
Marriage of Littlefield, 133 Wash. 2d 39, 940 P.2d 1362 ( 1997)). Decisions regarding residential
provisions must be made in the best interests of the children after considering the factors set forth
in RCW 26. 09. 187( 3). In re Parentage ofJ.H., 112 Wash. App. 486, 492- 93, 49 P.3d 154 ( 2002).
In determining the residential provisions of a permanent parenting plan, the trial court
considers the best interests of the child by analyzing seven factors identified in RCW
26. 09. 187( 3)( a):
i) The relative strength, nature, and stability of the child's relationship with each
parent;
ii) The agreements of the parties, provided they were entered into knowingly and
voluntarily;
iii) Each parent's past and potential for future performance of parenting functions,
including whether a parent has taken greater responsibility for performing
parenting functions relating to the daily needs of the child;
iv) The emotional needs and developmental level of the child;
v) The child's relationship with siblings and with other significant adults, as well
as the child's involvement with his or her physical surroundings, school, or other
significant activities;
vi) The wishes of the parents and the wishes of a child who is sufficiently mature
to express reasoned and independent preferences as to his or her residential
schedule; and
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vii) Each parent' s employment schedule, and shall make accommodations
consistent with those schedules.
The statute further specifies that "[ fJactor ( i) shall be given the greatest weight." RCW
26. 09. 187( 3)( a). As long as the trial court properly considers these statutory factors, it has wide
discretion in determining parenting responsibilities. In re Marriage ofPossinger, 105 Wash. App.
326, 335, 19 P.3d 1109 ( 2001).
B. The Trial Court Did Not Abuse its Discretion
Here, the trial court considered all of the evidence presented at trial and properly applied
the statutory factors contained in RCW 26. 09. 187( 3)( a). In particular, the trial found that the
evidence showed the children demonstrate a good relationship with each parent and La Shandre
has been the parent, the demands of day- to- day parenting. RCW
primary carrying
26. 09. 187( 3)( a)( i), ( iii). The trial court acknowledged the importance of the children spending
significant time with Michael at " this stage in their lives" and gave more time to Michael with the
children than Dr. Poppleton recommended. VI RP at 730; RCW 26. 09. 187( 3)( a)( iv). But the trial
court also found that separating the children from La Shandre would be detrimental and determined
that the children should reside primarily with her.
In making the determination that La Shandre could relocate with the children, the trial court
considered testimony regarding available familial support in Florida, the children' s involvement
in school and extracurricular activities, and the availability of those activities in Florida. The trial
court also heard testimony regarding Michael' s employment and included provisions for telephone
access in accordance with Michael' s schedule. RCW 26. 09. 187( 3)( a)( vii). Because the trial court
based its residential provision decision on the statutory factors set forth in RCW 26. 09. 187( 3)( a)
and on the evidence presented, its decision was not based on untenable grounds or manifestly
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unreasonable. Therefore, the trial court did not abuse its discretion when it established the.
residential provisions in the parenting plan.
V. RELOCATION
Michael' s remaining arguments seem to revolve around the trial court' s decision to grant
La Shandre' s petition for relocation. We hold that the trial court did not abuse its discretion when
it granted La Shandre' s relocation petition.
A. Standard of Review
We review the trial court's decision to grant or deny a petition for relocation for abuse of
discretion. In re Marriage of Horner, 151 Wash. 2d 884, 893, 93 P.3d 124 ( 2004). A trial court
abuses its discretion if its decision is manifestly unreasonable or based on " untenable grounds or
reasons." Horner, 151 Wash. 2d at 893 ( quoting State v. Brown, 132 Wash. 2d 529, 572, 940 P.2d 546
1997)). "` A [ trial] court's decision is manifestly unreasonable if it is outside the range of
acceptable choices, given the facts and the applicable legal standard; it is based on untenable
grounds if the factual findings are unsupported by the record; it is based on untenable reasons if it
is based on an incorrect standard or the facts do not meet the requirements of the correct standard.
Horner, 151 Wash. 2d at 894 ( quoting Littlefield, 133 Wash. 2d at 47).
As discussed above, generally, we review the trial court' s findings of fact and conclusions
of law to determine whether substantial evidence in the record supports the findings and, if so,
whether the findings support the trial court' s conclusions. In re Marriage ofFahey, 164 Wash. App.
42, 55- 56, 262 P.3d 128 ( 2011). Unchallenged findings of fact are verities on appeal. Tapper,
122 Wash. 2d at 402. Michael failed to assign error to any findings of fact; therefore, we treat the
trial court' s factual determinations as verities.
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B. Standard Under the Child Relocation Act
In 2000, the legislature passed the Child Relocation Act ( CRA), RCW 26. 09. 405-. 560,
which shifts the analysis away from the best interests of the child to an analysis focusing on the
best interests of the child and the relocating person. LAWS of 2000, ch. 21, §§ 1, 14; Horner, 151
Wash. 2d at 886- 87. The CRA creates a rebuttable presumption that the relocation will be allowed,
which may be rebutted when the objecting party proves that " the detrimental effect of the
relocation outweighs the benefit of the change to the child and the relocating person, based upon
11 child relocation] factors." RCW 26. 09. 520. The burden of overcoming the presumption is on
the objecting party. Horner, 151 Wash. 2d at 895. The factors are:
1) The relative strength, nature, quality, extent of involvement, and stability of the
child's relationship with each parent, siblings, and other significant persons in the
child' s life;
2) Prior agreements of the parties;
3) Whether disrupting the contact between the child and the person with whom the
child resides a majority of the time would be more detrimental to the child than
disrupting contact between the child' and the person objecting to the relocation;
4) Whether either parent or a person entitled to residential time with the child is
subject to limitations under RCW 26. 09. 191;
5) The reasons of each person for seeking or opposing the relocation and the good
faith of each of the parties in requesting or opposing the relocation;
6) The age, developmental stage, and needs of the child, and the likely impact the
relocation or its prevention will have on the child' s physical, educational, and
emotional development, taking into consideration any special needs of the child;
7) The quality of life, resources, and opportunities available to the child and to the
relocating party in the current and proposed geographic locations;
8) The availability of alternative arrangements to foster and continue the child's
relationship with and access to the other parent;
9) The alternatives to relocation and whether it is feasible and desirable for the
other party to relocate also;
10) The financial impact and logistics of the relocation or its prevention; and
11) For a temporary order, the amount of time before a final decision can be made
at trial.
RCW 26. 09. 520.
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These factors are not listed or weighted in any particular order. RCW 26. 09. 520; Horner,
151 Wash. 2d at 887. The trial court must consider each of the factors and determine by a
preponderance of the evidence whether these factors show that relocation would be more
detrimental than.beneficial, and it must make findings on the record regarding each of the factors.
Horner, 151 Wash. 2d at 895- 97.
C. The Trial Court Did Not Abuse Its Discretion
Because Michael objected to relocation, the burden shifted to him to rebut the presumption
that permitted relocation. The record establishes that the trial court sufficiently considered the
relocation factors; and, its findings of fact support its conclusions of law. The trial court found
that factors ( 1), ( 2), ( 3), ( 6), ( 8), ( 10) weighed in favor of permitting La Shandre to relocate to
Florida.8 Because the trial court considered each factor and found that Michael did not rebut the
presumption favoring relocation, its conclusion,to allow La Shandre to relocate is supported by its
findings. Thus, the trial court' s decision to grant La Shandre' s petition for relocation was neither
based on untenable grounds nor manifestly unreasonable. Therefore, the trial court did not abuse
its discretion when it granted La Shandre' s petition for relocation.
VI. ATTORNEY FEES
La Shandre requests attorney fees on appeal and we grant her request on two grounds. RAP
18. 1 permits us to award attorney fees to a party entitled to them under " applicable law." RCW
26. 09. 140 allows us, in our discretion and after considering the " financial resources" of the parties,
to order a party to pay the attorney fees of the other party in cases governed by chapter 26. 09 RCW.
We may award such fees after considering the financial need of the requesting party, the other
party' s ability to pay, and the arguable merits of the issues raised on appeal. In re Marriage of
8
The trial court found that factors ( 4), ( 7), and ( 9) did not apply.
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Kim, 179 Wn. App. 232, 256, 317 P.3d 555, review denied, 180 Wash. 2d 1012 ( 2014). A party must
financial declaration for his her to be considered. RAP 18. 1( c). La
timely file a or resources
Shandre filed a financial declaration on March 5, 2015.
La Shandre has significant financial need, as she is currently unemployed. Her monthly
net income is $ 3, 888. 33 while her expenses total $ 7, 112. 73 monthly. La Shandre' s earning
capacity is approximately $ 40, 000 to $ 45, 000 per year. Michael earns approximately $ 126, 000
plus bonuses per year. Michael raises meritless issues. Therefore, we grant La Shandre attorney
fees on appeal under RAP 18. 1.
La Shandre also requests attorney fees on the ground that Michael' s appeal is frivolous.
RAP 18. 9. Such a claim requires us to consider the following factors:
1) A civil appellant has a right to appeal under RAP 2. 2, ( 2) all doubts as to whether
the appeal is frivolous should be resolved in favor of the appellant, ( 3) the record
should be considered as a whole, ( 4) an appeal that is affirmed simply because the
arguments are rejected is not frivolous, and ( 5) an appeal is frivolous if there are no
debatable issues upon which reasonable minds might differ, and it is so totally
devoid of merit that there was no reasonable possibility of reversal.
Streater v. White, 26 Wash. App. 430, 434- 35, 613 P.2d 187 ( 1980).
Here, Michael' s brief is inadequate to make clear which trial court orders he is appealing
and he provides no argument specific to any of the orders. He raises numerous meritless
constitutional issues for the first time, most of which pertain to well- settled areas of law and some
of which have no bearing on this appeal. Because no reasonable minds might differ and Michael' s
arguments are so devoid of merit that there is no reasonable possibility of reversal, we also award
attorney fees to La Shandre under RAP 18. 9.
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We affirm.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2. 06. 040,
it is so ordered.
a
Melnick, J.
We concur:
Worswick, J.
Johanson, C. J.