Court Denies Motion to Dismiss Coverdale’s Appeal, Denies Stay of Enforcement

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Division Two of the Washington State Court of Appeals dismissed JZK, Inc.’s motion to dismiss Virginia Coverdale’s appeal of a court ruling last year.

The court granted the company’s motion to strike some of Coverdale’s court filings because “they append and refer to matters outside the record on appeal,” according to the court order. Coverdale has 20 days to file an amended brief omitting the stricken material.

Coverdale lost a lawsuit against her in Thurston County Superior Court last June. Judge Gary Tabor ordered Coverdale to pay JZK, Inc. more than $600,000 in court costs and attorney’s fees last July.

The state Supreme Court granted a temporary stay of enforcement while it decided whether or not to hear Coverdale’s appeal by direct review. The Supreme Court sent her case to the Court of Appeals, which denied her motion to keep the stay of enforcement in place.

“Although it does not come as a surprise, this decision is a welcome substantiation that Ms. Coverdale’s appeal does, in fact, have merit,” Coverdale’s lawyer, Breckan Scott, said in an email. “We are confident and optimistic as we proceed towards a full decision on the merits. Regarding the record, clearly the Court of Appeals’ position is that the case has merit even without the evidence relating to JZK, Inc.’s questionable relationship with local government officials, or it would have granted the Motion on the Merits. If the Court of Appeals decides that the case has merit even without the need for the additional evidence, I am not going to argue with that position.”

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