SESSOM v. Mentor

229 P.3d 843
Court of Appeals of Washington·Decided March 16, 2010·No. 39365-4-II·Published·Cited by 1 cases

Opinion

229 P.3d 843 (2010)

Jamie SESSOM and Stacy Ray Sessom, husband and wife, Respondents,
v.
Joseph P. MENTOR and Jane Doe Mentor, husband and wife, and Gordon H. Rinke and Jane Doe Rinke, husband and wife, d/b/a Yees on the Bay, Appellants.

No. 39365-4-II.

Court of Appeals of Washington, Division 2.

March 16, 2010.

*844 Thomas Collins O'Hare, Smith & O'Hare PS Inc., Silverdale, WA, Drake Dee Mesenbrink, Mesenbrink Law Offices PS Inc., Poulsbo, WA, for Respondents.

Eileen Margaret Schock, Attorney at Law, Bremerton, WA, for Appellants.

VAN DEREN, C.J.

¶ 1 Gordon Rinke appeals a Kitsap County Superior Court order denying his motion to void the 1999 extension of a default judgment in favor of Jamie and Stacy Sessom, entered against Rinke in 1989. At issue is whether former RCW 6.17.020(3) (1997), which authorized extension of judgments, applied retroactively to extend the time for enforcement of the 1989 default judgment against Rinke. Because the Sessoms' 10 year extension to the original judgment has expired, the matter is moot as to Rinke. But because the matter is of public import, we briefly address whether former RCW 6.17.020(3)(1997)[1] applied to judgments that were unexpired when the extension provision was adopted and we hold that the extension provision did so apply.

FACTS

¶ 2 The material facts are not in dispute. On September 20, 1989, Jamie and Stacy Sessom obtained a default judgment in their *845 personal injury suit against Rinke in the amount of $29,083.90, bearing interest at 12 percent per annum. At that time, former RCW 6.17.020(1) (1989) provided for collection on a judgment or enforcement of a judgment for a period of 10 years.[2]

¶ 3 In 1994, the legislature amended RCW 6.17.020 by adding subsection (3), allowing an extension of time for collecting or enforcing a judgment for an additional 10 years. See Laws of 1994, ch. 189, § 1. The new subsection provided, in part, that after June 9, 1994, a party in whose favor judgment had been rendered could, within 90 days before expiration of the original 10 year period of enforcement, apply to the court that rendered the judgment for an order granting an additional 10 years for enforcement of the judgment. Former RCW 6.17.020(3) (1994).

¶ 4 On June 24, 1999, the Sessoms obtained a 10 year extension of the 1989 judgment under former RCW 6.17.020(3) (1997). On May 30, 2008, Rinke moved to vacate the extension as void, arguing that subsection (3) did not apply retroactively to judgments entered before the June 9, 1994, effective date of the amendment extending the collection time. The trial court denied the motion and concluded that the legislature intended former RCW 6.17.020(3) (1997) to be both remedial and retroactive and that applying the statute retroactively did not affect a debtor's substantive right to cessation of the judgment lien. Rinke sought direct review in the Washington Supreme Court, which transferred the case to us.

¶ 5 In June 2009, the 10 year extension of the Sessom's judgment against Rinke expired and, at oral argument, Rinke conceded that the appeal was moot as to Rinke.

ANALYSIS

¶ 6 As a threshold matter, we address Rinke's admission that his appeal is now moot. A case is moot if a court can no longer provide effective relief and we usually will not consider issues that are rendered purely academic when a case becomes moot. State v. Ross, 152 Wash.2d 220, 228, 95 P.3d 1225 (2004). But we may review a moot case if it involves a matter of "substantial public interest." Paxton v. City of Bellingham, 129 Wash.App. 439, 444, 119 P.3d 373 (2005). In determining whether an issue so qualifies, we consider three factors: "(1) whether the issue is of a public or private nature, (2) whether an authoritative determination is desirable to provide future guidance to public officers, and (3) whether the issue is likely to recur." Paxton, 129 Wash.App. at 444, 119 P.3d 373. Although the underlying case involved a money judgment in a suit between private parties only, the issue of how the extension of judgments statute is to be applied could potentially affect many cases and it is thus a matter of broad public import. Our decision on the matter would also provide guidance to trial courts regarding an issue that is likely to recur. Accordingly, we find that this moot case presents an issue of substantial public interest warranting review.

¶ 7 This case turns on the interpretation of RCW 6.17.020(3).[3] We review a trial court's application and interpretation of a statute de novo. State v. Azpitarte, 140 Wash.2d 138, 140-41, 995 P.2d 31 (2000); Hadley v. Maxwell, 120 Wash.App. 137, 145, 84 P.3d 286 (2004). Absent ambiguity, we rely solely on the statute's plain language. Azpitarte, 140 Wash.2d at 141, 995 P.2d 31. We read related provisions together so as "to achieve a harmonious and unified statutory scheme that maintains the integrity of the respective statutes." State v. Chapman, 140 Wash.2d 436, 448, 998 P.2d 282 (2000).

¶ 8 In State v. Morgan, 107 Wash.App. 153, 157, 26 P.3d 965 (2001), Division Three *846 held that former RCW 6.17.020(3) (1997) applied to judgments, like the one at issue here, which predate the extension provision's effective date (June 9, 1994), but which do not expire until after that effective date. Morgan, 107 Wash.App. at 157-58, 26 P.3d 965. See also Summers v. Dep't of Revenue, 104 Wash.App. 87, 89-92, 14 P.3d 902 (2001) (Division One applying former RCW 6.17.020(3) (1997) to 1989 tax warrant extended in 1999). In Morgan, the court relied on the plain language of subsection (3), which said that it applied as from the June 9, 1994, enactment date to a judgment that "`has been rendered.'"

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