Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Page sizes are relatively small because of the formatting requirements of the Court.

In the Court of Appeals, Division II

State of Washington

				|       Number
				|
Brian Patrick Carr		|       326-710
	     Appellant		|
				|        Narrative Report
	versus			|
				|         of  Hearing
Karyn				|
	     Respondent		|       December 10, 2004
				|			

Clark County Superior Court Room, Department 6

1200 Franklin Street

Vancouver, WA 98660

Superior Court Case 04-2-08824-4 and

Superior Court Case 04-2-08908-9

October 27, 2004

Before: Honorable Barbara Johnson

Appearances: Respondent/Petitioner

Brian P. Carr

11301 NE 7^th St, Apt J5

Vancouver, WA 98684

360-607-0556

There was no court reporter for this hearing.

Prepared by Appellant, Brian P. Carr from electronic record.

Proceedings 9:45:00

THE COURT: 09:45:00 Number 55 and 56. Carr and Karyn, or Karyn? Yes.

MR CARR: 09:45:08 Your honor there was no service in this matter.

THE COURT: 09:45:11 Are you Mr. Carr?

MR CARR: 09:45:13 Yes, ma'am.

THE COURT: 09:45:14 Mr. Carr, I have looked at your,... you are indicating these are a matter for Motions for Revision. However, both under the statute and as well as our local rules following that, Motions for Revisions need to be filed within ten days of the order and both of these are beyond that ten day period so the court would not have jurisdiction to proceed as to these motions in any event. So, probably don't want to attempt further service and so on because the motions would have to be without jurisdiction in any event.

MR CARR: 09:45:53 Your honor, I might ask a question. I had come in to file a Notice of Appeal

THE COURT: 09:45:56 Pardon?

MR CARR: 09:45:57 I had come in to file a Notice of Appeal because I had thought it was a District Court matter, and I was told it was really a Superior Court matter and so if I wanted it to be heard by the Superior Court then a Motion to, of Revision would be more appropriate.

THE COURT: 09:46:15 Yes, and that is why I say that a Motion to Revision needs to be filed within ten days of the order which the, is only available if the judge is acting as a Court Commissioner. So, I just don't want you to, if there is further service there is usually expense involved in that and I wouldn't want you to go to further expense when the court simply wouldn't have jurisdiction in any event. So,

MR CARR: 09:46:35 So, there is no way to appeal.

THE COURT: 09:46:39 I can't give you legal advice. Sir, I would suggest that certainly all of the attorneys who handle these matters have been to law school and are there available to assist. So I would recommend that you talk with an attorney to receive legal advice. I, of course, as the judge couldn't give advice to either side of case. So,

THE COURT: 09:47:05 Alright, thank you. Number 57...

I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct narrative of the electronic record for this hearing.

________________________

Dated Signature of Appellant

Brian Carr

Location 11301 NE 7th St., Apt J5

Vancouver, WA 98684

360-607-0556

Respondent:

Karyn