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Jones v. Stebbins

12/14/1992

it unnecessary to address this issue.


We reject as unmeritorious Jones' contention that Stebbins did not assert his statute of limitations defense in a timely manner. Stebbins' motion to dismiss was made more than 30 days before the continued trial date. Furthermore, there is no indication that Jones raised this issue with the trial court. This court will not consider an issue raised for the first time on appeal unless it falls within the exceptions provided in RAP 2.5(a).


The order of dismissal is reversed, and this case is remanded to the trial court for further proceedings.


Disposition


Holding that the plaintiff's service of process by mail was timely, the court reverses the dismissal and remands the case for further proceedings.






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