LINDA LAU, J.
Michael Harkey appeals from various trial court orders denying his motions challenging a 2011 default judgment entered against him in a declaratory relief and quiet title action filed by US Bank after a 2008 nonjudicial foreclosure on Harkey's property. He also appeals various orders entered in the related unlawful detainer action. Because Harkey failed to timely appeal from the default judgment, we affirm the trial court orders and dismiss Harkey's appeals.
The material facts are undisputed. In 2007, Michael Harkey borrowed $417,000 from U.S. Bank, N.A. To secure the loan, Harkey granted a deed of trust on his Camano Island property.
After three months, Harkey defaulted on the loan.
On December 8, 2008, the trustee sale was held. U.S. Bank successfully bid for the property and took title to the property by trustee's deed, which it recorded on December 12, 2008, in the Island County Auditor's Office.
In July 2010, U.S. Bank filed an action in Island County Superior Court to quiet title and for declaratory relief seeking 1) a declaratory judgment that the foreclosure sale was valid and final, 2) to quiet title to the property, and 3) a declaratory judgment that the deed of trust is prior to any other deed of trust, lien, or encumbrance. On January 10, 2011, the superior court granted US Bank's motion for leave to serve Harkey by publication after Harkey could not be found for personal service of the summons and complaint.
On April 7, 2011, the superior court entered an order granting US Bank's motion for default against Harkey.
On May 3, 2011, nearly 29 months after the trustee's sale, the superior court entered a default judgment against Harkey granting the relief US Bank requested in its complaint for declaratory relief and quiet title.
On May 31, 2011, Harkey filed "motion to set aside default judgment and to suspend its operation" under CR 55, CR 60, and RCW 4.28.200. Clerk's Papers (CP) at 421. On June 22, 2011, the superior court entered an order denying Harkey's motion mainly because he failed to establish a prima facie defense to US Bank's claims. At the same time, the trial court issued a comprehensive letter ruling explaining the grounds and rationale for its denial of the motion.
Harkey did not appeal either the court's May 3, 2011 default judgment order or its May 31, 2011 order denying motion to set aside the default judgment. Harkey's 30 day time limit to file his notice of appeal from the May 3, 2011 default judgment expired on June 2, 2011.
On December 2, 2013, Harkey filed a motion to vacate the default judgment alleging the orders of default and default judgment were "procured by fraud" and the court did not have the benefit of several court opinions decided between 2012 to 2013. CP at 148.
On December 26, 2013, the superior court entered a comprehensive order denying Harkey's motion to vacate default and default judgment. The court's order stated, in part, "The current motion is Michael Harkey's fifth motion to vacate the default judgment." CP at 14.
On January 6, 2014, Harkey filed a motion for reconsideration under CR 59(a)(1) and CR 59(a)(7) requesting the trial court to reconsider "its rulings" because it lacked subject matter jurisdiction over the trustee's sale and the unlawful detainer action.
On February 19, 2014, the trial court denied Harkey's reconsideration motion.
On March 5, 2014, Harkey, for the first time, filed a notice of appeal challenging the following orders:
CP at 1-2.
US Bank contends that Harkey's appeal of these orders is untimely because, "Harkey failed to file a notice of appeal until 34 months after final [default] judgment was entered against him. His appeal is untimely and must be dismissed." We agree.
A default judgment was entered against Harkey on May 3, 2011. This constituted a final appealable judgment in the lawsuit which triggered the running of the time period for Harkey to file his notice of appeal. RAP 2.2(a)(1). His appeal deadline expired on June 2, 2011. Harkey filed the first in a series of motions to set aside the default judgment on May 31, 2011, 28 days after entry of the final default judgment. The trial court denied the motion on June 22, 2011. He filed neither a motion to reconsider this order nor a notice of appeal. Instead, over several years, he filed four more motions to set aside or vacate the default judgment. Harkey's serial motions to set aside or vacate the default judgment, whether styled as a motion to set aside the judgment or motion to reconsider, repeatedly asked for the same remedy — to vacate the default judgment.
Generally, a notice of appeal must be filed within the longer of 30 days after: (i) entry of final judgment; or (ii) relevant here, motions made pursuant to CR 50(b), CR 52(b), or CR 59. RAP 5.2(a),(e). Harkey's first motion to set aside the default judgment filed on May 31, 2011, sought relief based on CR 55, CR 60, and RCW 4.28.200. Thus, under (ii) above, Harkey's motion was not one of the ones listed in RAP 5.2 that extends the notice of appeal time period. Therefore, this motion does not toll the time period for filing his notice of appeal challenging the default judgment.
The same analysis applies to Harkey's appeal of the trial court's December 26, 2013 order denying his December 2, 2013 motion to vacate the default and default judgment. That motion, filed five years after the trustee sale and nearly three years since the default judgment was entered, relied exclusively on various provisions under CR 60(b). Just as in his May 31, 2011 motion, Harkey's December 2, 2013 motion was not one of the ones listed in RAP 5.2 that extends the notice of appeal time period.
Harkey relied on CR 60 in his May 31, 2011 and December 2, 2013 motions to vacate/set aside the default judgment. Under CR 60(b), a court may relieve a party from a final judgment, order, or other proceeding in limited situations provided in the rule. The purpose of the rule is to protect against injustices based on "reasons extraneous to the action of the court or for matters affecting the regularity of the proceedings."
It is well settled that an appeal from the denial of a CR 60(b) motion is not a substitute for an appeal and is limited to the propriety of the denial, not the impropriety of the underlying order.
Nor may Harkey revive his appeal right merely by repeatedly filing motions to vacate/set aside the default judgment and then filing motions to reconsider raising new claims and theories with each new motion. As the trial court observed when Harkey filed his fifth motion to vacate the default judgment, "the [December 2, 2013] motion is Michael Harkey's fifth motion to vacate the default judgment entered on May 3, 2011." The court properly recognized that "the law does not permit piecemeal motions, such as. . . five separate motions to vacate." CP at 16.
Harkey concedes that piecemeal litigation should be "avoided," but argues nonetheless, that under the circumstances he should not "be faulted by raising his issues when he raised them."
Harkey filed his notice of appeal on March 4, 2014 nearly three years after the trial court entered a default judgment against him. Because none of his subsequent motions challenging the default judgment tolled, extended, or revived the time period for filing a notice of appeal, his appeal is time barred.
Harkey also argues that the trial court lacked subject matter jurisdiction to enter the default judgment because it was based on an invalid trustee's sale. He is mistaken. Subject matter jurisdiction is a court's authority to adjudicate a type of case involved in an action.
Harkey devotes two paragraphs in his brief to an unlawful detainer action filed by U.S. Bank. He makes two brief arguments: (1) a challenge to the "John Doe" designation even though U.S. Bank knew his name, and (2) the foreclosure was improper, so the unlawful detainer action is invalid.
During the foreclosure litigation, U.S. Bank initiated unlawful detainer proceedings in December 2011 to eject any tenants from the foreclosed property. It unsuccessfully attempted to personally serve Harkey with the summons and complaint between October 26, 2011, and November 2, 2011, at the property.
On December 8, 2011, U.S. Bank filed the summons and complaint in Island County Superior Court and moved for permission to serve by publication. Its motion stated that it had attempted service at the property on six separate occasions. The motion stated that the summons and complaint had been mailed to the property and posted at the property address. In the complaint, U.S. Bank stated that "[t]he defendants occupying the subject property are believed to be tenants of the former owner, MICHAEL HARKEY." CP at 338. The complaint named "Jane Doe, John Doe, AND ALL OCCUPANTS OF THE PREMISES LOCATED AT 48 Thunder Road, Camano Island, WA 98282." CP at 338.
The following day, on December 9, the court authorized service by publication. The court granted U.S. Bank's motion for default and issuance of a writ of restitution on February 3, 2012.
Harkey filed simultaneous motions to set aside the default judgment in both the quiet title and unlawful detainer proceedings.
Harkey argues that "naming defendant `John Doe' though [U.S. Bank] knew Harkey's name and interest was unreasonable on its face." Br. of Respondent at 36. He cites to
For the reasons discussed above, Harkey's appeal is untimely as to his quiet title appeal, No. 71635-2-I and his unlawful detainer appeal, No. 71634-4-I. We affirm the trial court orders and dismiss Harkey's appeal.
ANN SCHINDLER and MARY KAY BECKER, JJ., concurs.
In the court's March 20, 2012 letter to Harkey, the court summed up the state of Harkey's multiple pleadings and motions directed at essentially challenging the May 3, 2011 default judgment:
CP at 280-381.
Throughout this litigation, Harkey has either represented himself or he has retained at least four different law firms to represent him.