U. S. Bank National Assn., Et Ano., Resps. V. Kevin M. Young, App.

69204-6Washctapp3 de mar. de 2014

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
U.S. BANK, NATIONAL ASSOCIATION,
as trustee for MASTR Adjustable Rate
Mortgage Trust 2007-1, mortgage pass-
through certificates, series 2007-1,
Respondent,
v.
BARBARA C. YOUNG, and all occupants
of the premises located at 1601 1st Street,
Kirkland WA 98033,
Defendants,
KEVIN M. YOUNG,
Appellant.
No. 69204-6-
DIVISION ONE
UNPUBLISHED OPINION
FILED: March 3, 2014
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Appelwick, J. — After Kevin Young failed to respond to U.S. Bank's unlawful
detainer action, the trial court entered an order of default and a writ of restitution against
him. 	Young appeals the denial of his motion to vacate the order and the writ. However,
Young did not timely file his appeal. We dismiss.
FACTS
U.S. Bank brought an unlawful detainer action against Kevin Young. 	Young did
not respond to the summons and complaint. 	U.S. Bank subsequently moved for an ex
parte order of default issuing a writ of restitution. 	The commissioner entered the default
order on May 7, 2012. 	Young moved to vacate the order and stay enforcement of the
writ. The commissioner denied his motions on May 25, 2012.
On June 5, 2012, Young filed a motion for revision, asking the court to strike the
commissioner's order. 	The court denied Young's motion for revision on July 30, 2012.
Young appealed on August 15, 2012.
ANALYSIS
U.S. 	Bank argues that Young's 	appeal 	should 	be 	dismissed, 	because 	it is
untimely. 	A party must file an appeal no more than 30 days after the trial court enters
the decision the party wants reviewed. 	RAP 5.2(a).
Young's notice of appeal designated two orders for review: the default order
issuing writ of restitution and the order denying his motion to vacate the default order.
The commissioner entered the default order on May 7. 	It denied Young's motion to
vacate on May 25. 	Young did not file his notice of appeal until August 15, more than 30
days after either order.
Young filed a motion for revision asking the superior court to strike the order
denying his motion to vacate. 	His motion was denied on July 30. 	However, U.S. Bank
maintains that the order on 	revision does not affect Young's deadline for filing his
appeal, because the motion for revision was untimely.
RCW 2.24.050 requires a motion for revision to be filed within 10 days from the
entry of the order or judgment of the court commissioner. 	Unless a demand for revision
is made within that time period, the commissioner's order becomes the final order of the
superior court. 	JcL 	The superior court does not have inherent authority to ignore this 10
day deadline. 	In re Marriage of Robertson. 113 Wn. App. 711, 714, 54 P.3d 708 (2002).
Here, the commissioner entered the order denying Young's motion to vacate on
May 25. 	Therefore, Young's motion for revision needed to be filed by June 4. 	See CR
6(a). 	Young did not file his motion until June 5. 	The order denying Young's motion to
vacate had already become final. 	See RCW 2.24.050.
The superior court had no authority to enter the order denying Young's motion for
revision on July 30. 	As a result, the order dictating Young's appeal deadline was the
commissioner's May 25 order denying Young's motion to vacate. 	Young filed his notice
of appeal on August 15, more than 30 days later.
Young did not timely file his appeal.1 We dismiss.
WE CONCUR:
A/g/
1 Young attached several exhibits to his brief that he uses to contest U.S. 	Bank's
standing in the unlawful detainer action. 	U.S. Bank moved to strike these exhibits as
they were 	not designated 	as 	part of the 	record 	and 	thus 	were 	not attached 	in
compliance 	with 	the 	Rules 	of Appellate 	Practice. 	See 	RAP 	9.1; 	RAP 	9.6(a).
Commissioner Neel referred this issue to the panel to determine whether we would
nonetheless consider the exhibits. The motion is granted.

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