State v. A.N.W. Seed Corp.

802 P.2d 1353 (1991)

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State v. A.N.W. Seed Corp.

Washington Supreme Court
802 P.2d 1353 (1991)

JL

Facts

The State of Washington (the State) (plaintiff) sued A.N.W. Seed Corp. (ANW) (defendant) for a violation of the Consumer Protection Act. A default judgment was entered against ANW, which was appealed. ANW did not post a supersedeas bond. The State, as judgment creditor, obtained a writ of execution three months after the notice of appeal was filed. The sheriff then seized and sold certain personal property belonging to ANW, including farm machinery and vehicles. The sheriff conducted the sale in accordance with the applicable statutes and received $16,588.50 in sales proceeds. Approximately six months later, the default judgment was reversed by the court of appeals. ANW then moved for an order of restitution for the market value of the property and for lost income caused by the seizure and sale of the property. The trial court entered an order granting restitution in the amount of the fair market value of the property, which was determined to be $57,631.50. The State appealed to the Washington Court of Appeals, which affirmed. The State then appealed to the Washington Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Brachtenbach, J.)

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