Washington Legal Roundup – Division I
Edmund Wilsbach and Vicky Bushong divorced in Connecticut in 1984. The divorce decree required Edmund to maintain an insurance policy naming Bushong as the beneficiary.
Mr. Wilsbach let the policy lapse, got remarried and named his new wife as the beneficiary. Mr. Wilsbach died. Ms. Bushong tried to sue the estate for the money she believed she was owed under the 1984 decree. Her case was dismissed and attorney fees were awarded against her.
Ms. Bushong did not appeal the dismissal within 30 days, but did appeal the award of attorney fees. Because the underlying basis for the award of attorney fees was not timely appealed, the Court of Appeals found the appeal untimely, dismissed the action and awarded attorney fees on appeal.