Marcia Miles, Appellant V. Ben A. Goold, M.d., Et Al, Respondents

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2018NOV 19 AM 8: 42

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION ONE
MARCIA MILES, ) No. 76875-1-I
Appellant,
Vv. UNPUBLISHED OPINION
BEN A. GOOLD, M.D., et al.,
Respondents. |

FILED: November 19, 2018

PER CURIAM — Marcia Miles appeals a 2016 summary judgment order
dismissing her complaint against respondents for negligent medical care,
disability discrimination, and other causes of action. She also appeals a 2017
order denying her motion to vacate the summary judgment order under CR
60(b)(11). We affirm.

Miles cannot appeal the 2016 order since she previously appealed it to the
Washington State Supreme Court, which dismissed the appeal and issued a
mandate. See RAP 12.2. She also cannot appeal the 2016 order because our
review is limited to the decision denying her motion to vacate the judgment, not

the underlying judgment. Bjurstrom v. Campbell, 27 Wn. App. 449, 450-51, 618

P.2d 533 (1980).
Miles’s appeal from the 2017 order denying her motion to vacate fails

because her briefs contain no assignments of error, argument, or authority

No. 76875-1-1/2

relating to that order or CR 60(b) (11). See RAP 10.3(a). Saunders v. Lloyd's of

London, 113 Wn.2d 330, 345, 779 P.2d 249 (1989) (appellate court need not
consider issues unsupported by adequate argument and authority); Norcon

Builders, LLC v. GMP Homes VG, LLC, 161 Wn. App. 474, 486, 254 P.3d 835

(2011) (‘We will not consider an inadequately briefed argument.”).

Miles's attempt to appeal GR 33 orders “made throughout the case” fails
because any such orders filed prior to the Supreme Court's mandate are final,
and because the court below granted Miles’s GR 33 request. RAP 3.1 (“[oJnly an
aggrieved party may seek review by the appellate court.”).

Affirmed.

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