WA Supreme Court: Time for Appeal Clocks from Denial of Motion for Reconsideration
Skinner was terminated. He then sought review of the termination. The termination was affirmed by the Civil Service Commission. The then sought reconsideration, which was also denied. He then appealed to the superior court, which granted summary judgment based on the fact that Skinner didn't appeal within 30 days of the original order, instead appealing within 30 days of the reconsideration denial. The supreme court held the time for calculation of the 30 days is from the denial of reconsideration. This is keeping in line with the commission's own rules, which allow for such reconsideration. Further, the statute says within 30 days of entry of such order, which could be the first order or the second order. Thus, his appeal can be on the second order under the statute. The court is entirely correct when it states to hold otherwise would be to undercut judicial efficiency. It would force an appeal to go on at the same time as a motion for reconsideration, which could render the appeal moot. Don't expect this rule to change anytime soon, as it was a 9-0 opinion.