Danzig V. Danzig

MUNSON, J.-- Steven Danzig appeals the dismissal of his contract claim against Jeffrey Danzig, Jeffrey's wife, and Jeffrey's law firm on a CR 12(b)(6) motion. Jeffrey, together with his wife and law firm, cross-appeal the trial court's order that he pay $89,000 of a legal fee into the registry of the court pending the investigation of the propriety of the fee. Jeffrey contends the court did not have jurisdiction to enter the order and that the order amounts to an unconstitutional taking of property. Jeffrey also argues Steven does not have standing to respond to his cross appeal. We hold Steven did state a claim upon which relief could be granted and reverse the dismissal of his claim. We hold the trial court lacked jurisdiction to order Jeffrey to pay the fee into the court registry and reverse the trial court's order.