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Hilger v. Green12/19/2001
In Parra, our Supreme Court explained that the 'distinction drawn in Floe relating to stipulations makes sense.' Parra, 122 Wn.2d at 599. It reasoned:
As Floe implicitly acknowledged, many issues may be resolved between the parties and presented to the court in the form of an agreed order. These matters will generally resolve pretrial disputes regarding such issues as admissibility of evidence, discovery, identity of witnesses, and anticipated defenses. If the parties have resolved such issues among themselves and have not invoked the discretion of the court for such resolution, then the parties will not have been alerted to any possible disposition that a judge may have toward their case. Parra, 122 Wn.2d at 600.
In Parra, the parties presented an omnibus order to the trial court; neither party objected to the other parties' motions. The trial court granted the parties' respective motions. Later, the defendant filed an affidavit of prejudice.
On appeal, the court found that the trial judge's ruling on the omnibus order was a discretionary act. Parra, 122 Wn.2d at 594. The Parra court distinguished the agreement reached in Floe from the omnibus order because the parties had not resolved the issues between themselves. Parra, 122 Wn.2d at 600. It reasoned that 'by bringing their respective issues before the judge in the form of motions, the parties were submitting those matters to the court for resolution.' Parra, 122 Wn.2d at 594.
Here, as in Floe, the parties resolved the issue between themselves. They did not submit the matter to the court for resolution. The stipulation to extend the discovery cutoff did not invoke the trial court's discretion. As such, the trial court erred in denying the Hilgers' affidavit of prejudice.
Reversed.
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 pursuant to RCW 2.06.040, it is so ordered.
Bridgewater, J.
We concur:
Armstrong, C.J.
Hunt, J.
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