James R. Adkinson v. Digby, Inc.

Ninth Circuit

James R. Adkinson v. Digby, Inc.

704 F.2d 1134, 1983 U.S. App. LEXIS 28510

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 27, 1983

Docket81-3098

StatusPublished

This text of 704 F.2d 1134 (James R. Adkinson v. Digby, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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James R. Adkinson v. Digby, Inc., 704 F.2d 1134, 1983 U.S. App. LEXIS 28510 (9th Cir. 1983).

Pincite

Opinion

PER CURIAM:

Following argument and submission, this court certified to the Supreme Court of the State of Washington this question:

Is an action timely filed under RCW 4.16.170 if the complaint is filed on the last day permitted under the relevant statute of limitations and the defendant, although not served with process within 90 days thereafter, files a voluntary notice of appearance within those 90 days?

The Washington court’s opinion, reported in 99 Wash.2d 206, 660 P.2d 756 (1983) (en banc) concludes that the answer is no. The facts presented to the district court and to us are summarized in the opinion of the Washington court.

The judgment of the district court is affirmed.

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