Legal Memorandum: Scope of Appellate Review in WA

Issue: What is the scope of appellate review under Washington law?

In an appeal, the job of the appellate court is to determine whether the findings of fact and conclusions of law are supported by substantial evidence, and whether the findings, if supported by substantial evidence, support the conclusion.  Taplett v. Khela, 60 Wash. App. 751, 758-59, 807 P.2d 885, 889 (1991).  The absence of any finding at all on a particular issue is presumptively a negative finding that was decided against the plaintiff, as the party with the burden of proof.  Id., 60 Wash. App. at 760, 807 P.2d at 889.

[…]