Bank Of America v. Nottingham Properties I

The Court ofAppeals of the DIVISION I richardd.johnson, State of Washington °T Unio" sr^ Court Administrator/Clerk \0nttl0 600 University Street oeaiue 98101-4170 (206) 464-7750 TDD: (206)587-5505 October 6, 2014 Brian S Sommer Steven K Linkon 13555 SE 36th St Ste 300 13555 SE 36th St Ste 300 Bellevue, WA, 98006-1489 Bellevue, WA, 98006-1489 bsommer@rcolegal.com slinkon@rcolegal.com Michael Gene Fulbright 11820 Northup Way Ste E200 Bellevue, WA, 98005-1966 mike@fulbrightlegal.com CASE #: 70646-2-I Bank of America, Appellant v. Nottingham Properties I. Respondent King County, Cause No. 11-2-35753-8.KNT Counsel: Enclosed is a copy of the opinion filed in the above-referenced appeal which states in part: "Reversed and Remanded for further proceedings." Counsel may file a motion for reconsideration within 20 days of filing this opinion pursuant to RAP 12.4(b). If counsel does not wish to file a motion for reconsideration but does wish to seek review by the Supreme Court, RAP 13.4(a) provides that if no motion for reconsideration is made, a petition for review must be filed in this court within 30 days. The Supreme Court has determined that a filing fee of $200 is required. In accordance with RAP 14.4(a), a claim for costs by the prevailing party must be supported by a cost bill filed and served within ten days after the filing ofthis opinion, or claim for costs will be deemed waived. Should counsel desire the opinion to be published by the Reporter of Decisions, a motion to publish should be served and filed within 20 days ofthe date offiling the opinion, as provided by RAP 12.3 (e). Sincerely, Richard D. Johnson Court Administrator/Clerk jh Enclosure c: The Honorable Elizabeth J. Berns IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON BANK OF AMERICA, N.A., successor by merger to BAC HOME LOAN SERVICING, LP, formerly known as COUNTRYWIDE HOME LOANS No. 70646-2-1 SERVICING, LP, Appellants, DIVISION ONE v. UNPUBLISHED OPINION NOTTINGHAM PROPERTIES I, LLC, a Washington Limited Liability Company, Respondent. FILED: OCT 6 20f4 PER CURIAM - This appeal was stayed pending the Washington State Supreme Court's decision in BAC Home Loans Servicing, LP v. Fulbriqht, 180 Wn.2d 754, 328 P.3d 895 (2014). We have lifted the stay and the have parties filed a "Stipulated Motion on the Merits to Reverse Trial Court Judgment and Mandate to Superior Court." Although this court suspended the motion on the merits procedure by a general order dated August 18, 2014, the stipulated reversal is equivalent to a concession of error and will be treated as such. We accept the concession of error and reverse and remand for further proceedings consistent with the decision in BAC Home Loans Servicing, LP v. Fulbriqht. Reversed and remanded for further proceedings. For the court: v.O ; en i a