The Bank Of New York Mellon, App. v. The Condo Group Llc, Res.

THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS No. 70615-2- TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, DIVISION ONE INC., ASSET BACKED CERTIFICATES, T-O SERIES 2004-ABI, by and through BANK OF AMERICA, N.A., Attorney-in-Fact, UNPUBLISHED OPINION Appellant, I CO v. THE CONDO GROUP LLC, a o Washington Limited Liability Company, Respondent. FILED: v^i 3 _ 2Qt4 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). Following the Fulbriqht decision, the parties filed a "Stipulated Motion on the Merits to Reverse Trial Court Judgment and Mandate to Superior Court." Because this court does not use the motion on the merits procedure, see General Order on the Motions on the Merits, adopted August 18, 2014, we will treat the stipulated motion as a concession of error. We lift the stay, accept the concession, and reverse and remand for further proceedings. Reversed and remanded for further proceedings. FOR THE COURT: JV7V' ^l^ckeJ^l ^J.-•H ^Vkw