### IN THE COURTOFAPPEALS OF THE STATE OF WASHINGTON U.S. BANK, NATIONALASSOCIATION, as trustee for MASTR Adjustable Rate Mortgage Trust 2007-1, mortgage passthrough certificates, series 2007-1, Respondent,

v. BARBARA C. YOUNG, and all occupants ofthe premises located at 1601 1st Street, Kirkland WA 98033, Defendants, KEVIN M. YOUNG, Appellant. No. 69204-6- DIVISION ONE UNPUBLISHED OPINION

FILED: March 3, 2014 ^cr 3* 3:
CO r^i
a*- V?
CO _Ci, Appelwick, J. — After Kevin Young failed to respond to U.S. Bank's unlawful detaineraction, the trial court entered an orderofdefault and a writ ofrestitution against him. Young appeals the denial of his motion to vacate the orderand the writ. However, Young did not timelyfile his appeal. We dismiss.

FACTS U.S. Bank brought an unlawful detainer action against Kevin Young. Young did not respond to the summons and complaint. U.S. Bank subsequently moved for an ex parte orderofdefault issuing a writ ofrestitution. The commissionerentered the default order on May 7, 2012. Young moved to vacate the order and stay enforcement ofthe writ. The commissionerdenied his motions on May 25, 2012.

### On June 5, 2012, Young filed a motion for revision, asking the court to strike the 

### commissioner's order. The court denied Young's motion for revision on July 30, 2012. Young appealed on August 15, 2012.

ANALYSIS U.S. Bank argues that Young's appeal should be dismissed, because it is untimely. A party must file an appeal no more than 30 days after the trial court enters the decision the partywants reviewed. RAP 5.2(a). Young's notice of appeal designated two orders for review: the default order issuing writ of restitution and the order denying his motion to vacate the default order. The commissioner entered the default order on May 7. It denied Young's motion to vacate on May 25. Young did not file his notice ofappeal untilAugust 15, more than 30 days aftereitherorder. Young filed a motion for revision asking the superior court to strike the order 

### denying his motion to vacate. His motion was denied on July 30. However, U.S. Bank maintains that the order on revision does not affect Young's deadline for filing his appeal, becausethe motion for revision was untimely. 

### RCW 2.24.050 requires a motion for revision to be filed within 10 days from the 

### entry ofthe orderorjudgmentofthe court commissioner. Unless a demand for revision is made withinthattime period, the commissioner's orderbecomes the final orderof the 

### superiorcourt. JcL The superiorcourt does not have inherentauthority to ignore this 10 

### day deadline. Inre Marriage ofRobertson. 113 Wn. App. 711, 714, 54 P.3d 708 (2002).Here, the commissioner entered the order denying Young's motion to vacate on May 25. Therefore, Young's motion for revision needed to be filed by June 4. See CR 6(a). Young did not file his motion until June 5. The order denying Young's motion to vacate had already becomefinal. See RCW 2.24.050. The superiorcourt had no authority to enterthe orderdenying Young's motion for revision on July 30. As a result, the order dictating Young's appeal deadline was the commissioner's May 25 orderdenying Young's motion to vacate. Young filed his notice ofappeal on August 15, more than 30 days later. 

### Young did nottimelyfile his appeal.1 Wedismiss.

WE CONCUR:



# A/g/

1 Young attached several exhibits to his brief that he uses to contest U.S. Bank's standing in the unlawful detainer action. U.S. Bank moved to strike these exhibits as 

### they were not designated as part of the record and thus were not attached in compliance with the Rules of Appellate Practice. See RAP 9.1; RAP 9.6(a). Commissioner Neel referred this issue to the panel to determine whether we would nonetheless considerthe exhibits. The motion is granted.