Preview Properties, Inc. v. Landis

Summary

The Washington Supreme Court held that the Court of Appeals improperly reversed the entire judgment in a real estate dispute because it addressed only the plaintiff’s conversion and Consumer Protection Act claims. The court reinstated the judgment on unchallenged claims involving breaches of fiduciary and statutory broker duties, reinstated certain damages and a permanent injunction, and remanded for segregation of damages and attorney fees among the surviving claims.

Holdings

1. The Court of Appeals improperly reversed the entire judgment because its decision addressed only the conversion and Consumer Protection Act claims, while Preview did not assign error to the judgment on Landis's common-law fiduciary-duty and statutory broker-licensee-duty claims.
2. The judgment for Landis on his successful unchallenged claims, the $3,000 award for lost time and unnecessary expense, and the permanent injunction must be reinstated.
3. On remand, the trial court must perform any necessary segregation among the claims and award fees and costs as appropriate regarding Landis's surviving claims.

Questions Presented

1. Whether the Court of Appeals improperly reversed the entire trial-court judgment when it addressed only Landis's conversion and Consumer Protection Act claims and Preview had not challenged the judgment on Landis's other claims.
2. Whether the unchallenged damages award, lost-time award, and permanent injunction should be reinstated.
3. Whether the trial court must segregate damages, attorney fees, and costs attributable to surviving claims from amounts attributable to the Consumer Protection Act claim.

Disposition

reversed_and_remanded