Rules on Appeal—Time for Filing Statement of Facts Where Motion for New Trial Pending After Entry of Judgment

In a civil action tried to the court, judgment was entered immediately after the findings of fact were filed, and D moved for a new trial. Before the motion was ruled upon, he perfected an appeal. The motion was later denied, after which D gave a second notice of appeal. His statement of facts was served 125 days after the entry of judgment and forty-six days after the denial of the motion. P moved to strike the statement of facts, contending that the time for filing and serving the statement had expired ninety days after the date of entry of judgment. Held: Motion denied. A statement of facts must be served and filed within ninety days after the date of entry of judgment, or, if a motion for a new trial has been timely filed, within ninety days from the date of entry of the order denying the motion for a new trial. Dunseath v. Hallauer, 40 Wn. 2d 708, 246 P. 2d 496 (1952)