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Garnishment Law
 
Carl B. Barney v. Mt. Rose Heating & Air Conditioning

NRS 108.237(1) entitles a prevailing mechanic’s lien claimant to the enforcement proceedings’ costs, including reasonable attorney fees. This appeal concerns three issues with regard to that statute. First, we consider whether NRS 108.237(1) contains within its scope attorney fees that are incurred after the district court enters a judgment determining the lienable amount and foreclosing upo... More...   $0 (09-18-2008 - NV)

American Special Risk Management Corporation v. William Cahow and Peoples Bank v. Progressive Casualty Insurance Company

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insurance asks for the identification of "any facts, circumstances, or situations . . . which could reasonably be expected to give rise to a claim" and the policy ... More...   $0 (09-17-2008 - KS)

Karri Kinnaman-Carson and Randy Carson v. Westport Insurance Corp. and ABC Specialty, Inc., d/b/a ABC Tow a/k/a ABC Tow

Appellants Kari Kinnaman-Carson and Randy Carson appeal the circuit court's Amended Judgment and Order granting Respondent Westport Insurance Corporation's motion for summary judgment on the Carsons' claims. Because the Carsons' damages were excluded under the unambiguous language of the insurance policy issued by Westport to ABC Specialty, Inc., we affirm.

Factual Background

On Augu... More...
   $0 (09-09-2008 - MO)

Ford Motor Credit Company v. Ana Waters

The instant case involves an appeal from an order granting in part a judgment debtor’s claim of exemption filed in response to a levy on a bank account. The parties assert that the issue presented on appeal is one of first impression: Whether the judgment debtor’s exemption under Code of Civil Procedure section 704.070 for paid earnings traced to a deposit account is 75 percent of the paid ear... More...   $0 (08-15-2008 - )

Certain Underwriters at Lloyd's, London, Certain London Market Insurance Companies

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More...   $0 (07-18-2008 - IL)

Melissa Avery v. Joint Township District Memorial Hospital

Plaintiff Melissa Avery appeals the district court’s order granting summary judgment to Defendant Joint Township District Memorial Hospital on Avery’s claims of wrongful discharge in violation of public policy, intentional infliction of emotional distress, and fraud. For the reasons set forth below, we AFFIRM the decision of the district court.

BACKGROUND

A. Substantive Facts
... More...
   $0 (07-16-2008 - OH)

William E. Kancilia v. Michele R. Pearson and Denise L. Fahy

In this appeal, William Kancilia challenges the court of appeals' conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia's creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy's trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He claimed his disability insurance payments as exempt p... More...   $0 (06-23-2008 - CO)

Arnold, Matheny and Eagan, P.A. v. First American Holdings, Inc., etc., et al.

The issue before us involves the interpretation of Florida‟s garnishment statute and the obligations it imposes on third parties, including attorneys, who are served with writs of garnishment. In its decision in First American Holdings, Inc. v. Preclude, Inc., 955 So. 2d 1231 (Fla. 2d DCA 2007), the Second District Court of Appeal ruled upon the following question, which the court certified ... More...   $0 (05-01-2008 - FL)

Anthony Sullivan v. Creenwood Credit Union

This putative class action challenges the legality, under the Fair Credit Reporting Act ("FCRA" or "the Act"), 15 U.S.C. § 1681 et seq., of an unsolicited letter to a consumer about the offering of credit for a home loan. Defendant Greenwood Credit Union sent the letter to plaintiff, Anthony Sullivan, and others based on a list of individuals meeting certain minimal credit requirements that Greenw... More...   $0 (03-19-2008 - MA)

Acclaim Systems, Inc. v. Conrad A. Lohutko

Conrad Lohutko appeals a foreign judgment that was registered in Missouri on March 19, 2007, by the St. Charles County circuit clerk. We dismiss for lack of jurisdiction.

I. BACKGROUND

Lohutko was employed by Acclaim Systems, Inc. ("Acclaim"), an Illinois corporation with its principal place of business in Pennsylvania, from January 2, 2005, until July 2005. Acclaim instituted the pres... More...   $0 (03-18-2008 - MO)

Larry E. Petersen and Joyce Petersen v. Central Park Properties, Inc., et al.

Jennifer A. Bauer filed an application to determine the liability of the garnishee, R ealty Linc, Inc., doing business as ERA Realty Center. B auer sought to collect on a judgment entered against E .W. Skala. T he Hall County District Court determined that Gary Thompson, president of R ealty Linc, had not accurately answered garnishment interrogatories. The court entered judgment against R eal... More...   $19137 (03-07-2008 - NE)

Hometown Bank, et al. v. Acuity Insurance

1 After winning a judgment against Gordon Jungwirth, Hometown Bank filed a nonearnings garnishment action against Acuity Insurance, Jungwirth's liability insurer. The circuit court granted Acuity's motion for summary judgment and awarded it $500 in statutory costs. Hometown appeals only the award of costs, contending that garnishment is an equitable action and Wis. Stat. § 814.02(2) (2005... More...   $500 (02-27-2008 - WI)

Ajay Shah, et al. v. City of Farmington Hills, et al.

In this garnishment action, Ford Motor Company (Ford) appeals as of right the trial court's May 31, 2006 order and judgment entered in favor of Oxford Estates Condominium Association (Association), which incorporated by reference the trial court's May 9, 2006 opinion and order. We reverse the trial court's May 9, 2006 opinion and order, vacate the May 31, 2006 order and judgment, and remand fo... More...   $0 (02-21-2008 - MI)

Maurice Fokken v. John P. Steichen and Coregis Insurance Company, Inc.

Judgment was entered against John P. Steichen and in favor of Maurice Fokken and Deanna Wright Miller (collectively the appellees) in separate legal malpractice actions brought against Steichen. The appellees then instituted separate garnishment proceedings against Coregis Insurance Company, Inc. (Coregis). Coregis had issued Steichen's law firm a lawyers professional liability insuranc... More...   $0 (01-08-2008 - NE)

PJL Properties, LLC v. Lawrence P. Recla and June M. Recla

PJL Properties, LLC (solely owned by Peter J. Long) appeals from an order denying a motion to reopen a small claims default judgment. Long contends that the circuit court erred when it denied his motion to reopen the judgment dismissing his claim and granting the counterclaim made by June M. Recla and her son Lawrence. Long presents several issues on appeal, challenging the circuit court's... More...   $0 (12-27-2007 - WI)

Dixon Financial Services, Ltd. and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., et al.

The trial court granted summary judgment against appellants, Dixon Financial Services, Ltd. ("Dixon Financial") and Hyperdynamics Corporation ("Hyperdynamics"), in favor of appellees, Greenberg, Peden, Siegmyer & Oshman, P.C. ("Greenberg Peden"), Gerald Siegmyer ("Siegmyer"), Ron Bearden, and R.F. Bearden Associates, Inc. (collectively, "Bearden"). The trial court then severed appellants' claim... More...   $0 (11-25-2007 - TX)

Mary Ann Green, Natural Mother of Gerald McAdoo, Deceased, Appellant, v. Penn-American Insurance Co., et al., Respondents

After obtaining a judgment for invasion of privacy and wrongful death against the owner of a St. Louis area nightclub, Mary Ann Green (Green) brought an equitable garnishment action under section 379.200 against Penn-Star Insurance Company (Penn-Star) in Jackson County.(FN1) She now appeals the adverse decision of the Jackson County Circuit Court. Green claims that the circuit court erred in ru... More...   $0 (10-18-2007 - MO)

AF-Cap, Inc. v. Chevron Overseas (Congo), Limited, et al.

In this consolidated action, Af-Cap Inc. (Af-Cap), the judgment creditor, appeals the district court's judgment dissolving and vacating garnishments and liens filed against any property of the Republic of Congo (the Congo), the judgment debtor, held by third party ChevronTexaco Corporation (CT Corp) and domestic ChevronTexaco subsidiaries (collectively ChevronTexaco), and dismissing Af-... More...   $0 (01-31-2007 - CA)

Nationwide Insurance Enterprise v. Tamela Ibanez, Wal-Mart Stores, Inc.

This appeal arises from an order of the Benton County Circuit Court reducing a foreign judgment filed in Benton County against appellee and garnishee, Wal-Mart, after a default judgment was entered in favor of appellant, Nationwide Insurance Enterprise, in the State of Washington. We affirm.

On January 7, 2005, Wal-Mart was served by Nationwide with a writ of garnishment with respect ... More...   $1086 (01-23-2007 - AR)

COPPLER & MANNICK, P.C., PAUL D. MANNICK and KATHY P. MANNICK, v. ROBIN G. WAKELAND

{1} The Court of Appeals consolidated two related actions, the first involving foreclosure on a judgment lien and the second involving voluntary waste of the foreclosed property. The district court had ruled in the waste proceeding that Defendant Robin G. Wakeland was equitably estopped from asserting her statutory homestead exemption in the foreclosure proceeding. The Court of Appeals a... More...   $0 (06-05-2005 - NM)

Mark Daniel v. Angela Garrison, et al.

By way of a petition for writ of prohibition, the petitioner seeks his release from jail pursuant to a civil contempt order. The court entered the order after petitioner refused to answer questions posed to him in court in a

2 garnishment proceeding to execute on a judgment.1 We treat the petition as a petition for writ of habeas corpus and grant same.2 Whereas here the petitioner w... More...   $0 (02-23-2005 - FL)

Regina G. Brewer v. Jenet Schalansky, et al.

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces... More...   $0 (12-29-2004 - KS)

Moey Segal v. Leonor Midvidy SegalLeonor Midvidy v. Moey Segal, et al.

These cases involve the enforceability of a Nevada District Court judgment that has been domesticated in this state by a filing that complies with the Uniform Enforcement of Foreign Judgments Act, General Statutes §§ 52-604 et seq.1 The judgment debtor has raised three issues. He maintains that enforcement of this judgment in this state is improper because (1) the foreign judgment has be... More...   $0 (12-27-2004 - CT)

Greg Munson d/b/a Greg Munson Trucking v. Tri-State Commodities, Inc.

In this appeal, two creditors, Greg Munson, d/b/a Greg Munson Trucking (Munson), and the Burlington Northern and Santa Fe Railway Company (BNSF), that had judgments against Tri-State Commodities, Inc. (Tri-State), are competing for the same garnished funds. First, Munson successfully sued Tri-State and obtained a judgment against it. Later, Tri-State was sued by the BNSF and, in settling this l... More...   $0 (10-20-2004 - KS)

Food Services Corporation, Plaintiff-Respondent, v. Jeremy Francis Rheam

Food Services Corporation ("Food Services") brought an action against Jeremy Francis Rheam ("Jeremy") asking the trial court to quiet title to the property at issue, declare that Food Services owns an undivided one-half interest in the property, and allow Food Services to partition said property and receive one-half of the net proceeds of a sale of the property. The trial court granted summary ... More...   $0 (10-05-2004 - MO)

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