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Columbia Basin Fitness Club v. T.C. Investments11/30/1999
l. Neither the Continuing Partners nor Distinctive Properties is entitled to fees here because neither is a prevailing party. The Withdrawing Partners have prevailed on appeal. The release provides for attorney fees so the Withdrawing Partners are entitled to an award of fees on appeal.
We affirm the summary judgment dismissal in favor of the Withdrawing Partners and the denial of the Continuing Partners' motion for summary judgment. We reverse the summary judgment dismissal and the award of attorney fees in favor of Distinctive Properties. We grant the Withdrawing Partners' request for fees on appeal and deny the requests of the Continuing Partners and Distinctive Properties for fees on appeal. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040.
Kato, J.
WE CONCUR:
Kurtz, A.C.J.
Sweeney, J.
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