§ 7.7 Authority of Appellate Court

• Jurisdiction: Washington

§7.7 AUTHORITY OF APPELLATE COURT

RAP 7.3 provides that the appellate court has authority to determine whether a matter is properly before it and "to perform all acts necessary or appropriate to secure the fair and orderly review of a case." The first part of the rule resolves in the usual manner the dilemma that a court must have jurisdiction over the question whether it has jurisdiction. The second part makes clear that the appellate court's authority prevails regarding matters that may affect review.

The second part of the rule—the appellate court's authority over matters relating to review—was manifested in Lockwood v. AC & S, Inc., 44 Wn. App. 330, 722 P.2d 826 (1986), aff'd, 109 Wn.2d 235, 744 P.2d 605 (1987). In that case, several tort defendants settled with the plaintiff after appeal. After deciding that a reasonableness hearing under RCW 4.22.060 was required, the Court of Appeals held it had authority under RAP 7.3 to conduct that hearing and should do so, the trial court having no authority to conduct the hearing under RAP 7.2. 44 Wn. App. at 361.

RAP 7.3 also provides...