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Moodenbaugh v. Stock8/30/1999
UNPUBLISHED
Michael Moodenbaugh appeals a Judgement entered on an adverse jury verdict following trial of his action against Jeffrey Stock and Omni Properties, Inc. Because there was no reversible error in denying Moodenbaugh's motion for a new trial based on claimed evidentiary errors and alleged juror misconduct, we affirm.
Moodenbaugh and Stock formed Omni Properties, a corporation. In 1992, they jointly acquired another corporation, Enchanted Parks. The following year, Moodenbaugh left Omni to pursue another business opportunity.
When Moodenbaugh left Omni, he and Stock agreed that Omni would keep Moodenbaugh on its group health insurance policy with Pacific Health Care. The central dispute in this litigation arises from the parties' disagreement as to how long such coverage was to last. It is undisputed that effective September 1, 1993, Stock discontinued coverage for Moodenbaugh.
On September 24, 1993, Moodenbaugh sustained serious injuries in a car accident. Several months after the accident, he learned that Pacific Health refused payment of his medical bills. His new insurer also refused payment.
In February 1995, Moodenbaugh commenced this action against Stock, Omni, and Enchanted Parks. He sought damages based on tort and contract principles. In January 1996, the trial court granted Enchanted Parks' motion for summary Judgement and dismissed it from the action. The court also awarded Enchanted Parks $12,891.12 in attorney fees and costs. Thereafter, it entered a Judgement for that amount.
We denied Moodenbaugh's motion for discretionary review of both the summary Judgement order and the Judgement.
Moodenbaugh's claims against Stock and Omni proceeded to trial. In February 1998, the court entered Judgement on the jury verdict in favor of Stock and Omni. Moodenbaugh moved for a new trial on the basis of claimed evidentiary errors and alleged juror misconduct. The trial court denied the motion.
Moodenbaugh appeals the Judgement on the jury verdict.
I. Attorney Fee Award
Moodenbaugh seeks review of the trial court's award of attorney fees to Enchanted Parks on the basis that the award included fees generated in defense of Stock and Omni. Stock argues that the attorney fee award to Enchanted Parks that was the subject of the previous motion for discretionary review is not properly before us. We agree that we do not have jurisdiction to review the fee award.
A notice of appeal must be filed within 30 days of entry of the order or Judgement being reviewed. We generally will review only those decisions of the trial court that are designated in the notice of appeal. But we will review an order or ruling not designated in the notice if the provisions of RAP 2.4(b) are met:
"The appellate court will review a trial court order or ruling not designated in the notice, including an appealable order, if (1) the order or ruling prejudicially affects the decision designated in the notice, and (2) the order is entered, or the ruling is made, before the appellate court accepts review."
Here, Moodenbaugh timely filed a notice of appeal from the trial court's final Judgement on the verdict, which was entered on February 4, 1998. Subsequently, he timely filed a notice of appeal from the court's denial of his motion for a new trial. At Moodenbaugh's request, we consolidated his two appeals. But neither of the notices designate either the order or Judgement awarding costs and attorney fees to Enchanted Parks in 1996. Because Moodenbaugh failed to properly designate either that order or Judgement, we will review the attorney fee award only if both con
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