Garnishment Law
 
Johnson v. Westhoff Sand Co., Inc.

In this garnishment proceeding Mid-Continent Casualty Company (Mid-Continent) appeals from the entry of judgment in favor of the garnishors, J. Michelle Johnson and Alan L. Johnson, who earlier had obtained a default judgment of $2,268,784.52 against Mid-Continent's insured, Westhoff Sand Company, Inc. The underlying Mid-Continent policy provided $1,000,000 in liability coverage. The district cour... More...   $2268785 (02-07-2003 - KS)

Action Collection Service, Inc. v. Shelly L. Seele, fka Shelly L. Calkins

Shelly L. Seele appeals from the district court's intermediate appellate decision affirming the magistrate's denial of her motion to vacate and set aside a judgment and to quash a continuing garnishment of her wages. We affirm.

I.

FACTS AND PROCEDURE

On March 12, 1992, Action Collection Service, Inc. filed a complaint against Seele and her former husband seeking monetary judgment on... More...   $0 (02-05-2003 - ID)

Heather Blair v. Perry County Mutual Insurance Company

Heather Blair ("Blair"), by and through her next friend Carla Snider, appeals from the grant of summary judgment in favor of Perry County Mutual Insurance Company ("PCMIC") and FMH Mutual Insurance Company ("FMH") on her action for equitable garnishment to collect a judgment entered in her favor. Blair claims that the trial court erred in granting summary judgment in favor of PCMIC and FMH because... More...   $0 (02-04-2003 - MO)

James D. Dryden v. Adela Dryden, Larry Olivarez, Sheriff of Nueces County, Texas and The Attorney General of Texas

In February 2001, Adela Dryden (Adela), appellant's former wife, was granted a money judgment against appellant for child support arrearage. Adela sought to enforce the money judgment by obtaining writs of garnishment and execution on appellant's personal property. See Tex. Fam. Code. Ann. § 157.312 (Vernon 1996). The collection procedures, however, were stayed by the trial court. Adela filed a pe... More...   $0 (01-31-2003 - TX)

Keaton v. Fort Wayne Neurosurgery

Paul Keaton, an attorney from Fort Wayne, Indiana, was hired by Marjorie Wojcik to represent her in a personal injury claim arising out of an accident in which she was injured. It appears, although it is not clear, that as a result of the injuries Wojcik received in the accident, she received treatment from Fort Wayne Neurosurgery. Wojcik... More...   $0 (01-09-2003 - IN)

Stephanie J. Vanover v. Edward J. Vanover

In this garnishment action, Stephanie J. Vanover garnished funds owing by Edward J. Vanover. The funds were owed to Stephanie from unpaid judgments for attorney fees, alimony, and child support. Stephanie was successful, and Edward appeals.

In 1976, Edward and Stephanie were divorced. At that time, Edward was ordered to pay $150 per month in child support and $50 in spousal maintenance. ... More...   $0 (12-31-2002 - KS)

Merrill Lynch Trust Company v. Alzheimer's Lifeliners Association, Inc., et al.

Appellant, Merrill Lynch Trust Company ("Merrill Lynch"), seeks review of the trial court's order granting The American Lung Association's ("American Lung") motion for writ of execution and granting Alzheimer's Lifeliners Association, Inc.'s ("Alzheimer's"), The Arthritis Foundation's ("Arthritis"), and The Salvation Army's ("Salvation Army") motions for contempt. We reverse.

This case began... More...   $0 (12-31-2002 - FL)

Consolidated Con struction Services et al. v. R obert C. Sim pson et al.

This case arises out of several case s involving the development of a Howard County residential community, "Pleasant Chase." On January 5, 1996, New Panorama Development Corporation ("New Panorama"), a developer, filed suit against Consolidated Construction Services, Inc. (CCS), a contractor, for various claims, including a claim for damages, involving CCS's installation of sewers and water li... More...   $0 (12-24-2002 - MD)

Vanderbilt Mortgage and Finance, Inc. v. Everitt Imotichey

Plaintiff Vanderbilt Mortgage and Finance, Inc. (VMF) seeks review of an order of the magistrate judge(2) sua sponte vacating a default judgment for breach of contract that VMF had obtained against defendant Everett Imotichey, and of the magistrate judge's subsequent denial of VMF's motion for reconsideration or new trial.(3) As discussed below, this appeal turns on a question of law, regarding th... More...   $0 (12-20-2002 - OK)

Karaha Bodas Company, L.L.C. v. Perusahaan Pertambangan Minyaj Dab Gas Bumi Negara et al.

Respondent-appellant Perusahaan Pertambangan Minyak Dan Gas Bumi Negara ("Pertamina") and non-party-appellant the Ministry of Finance of the Republic of Indonesia (the "Ministry") appeal from an April 26, 2002, memorandum and order issued by the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) insofar as it permits petitioner-appellee Karaha Bodas Compan... More...   $0 (12-10-2002 - NY)

Parking Concepts, Inc., et al. v. Gary Tenney, et al.

This case arises out of a soured real estate transaction. In 1993, Gary Tenney ("Tenney") brokered a transaction whereby Parking Concepts, Inc., ("PCI") would acquire an airport parking lot. PCI later alleged that Tenney misrepresented the property tax liability for the lot and sued for fraud, negligent misrepresentation, and breach of lease.

3 Although fraudulent conduct was not an insur... More...   $0 (11-29-2002 - AZ)

David S. Goldberg v. Robert Martin Miller

The petitioner in this case, David S. Goldberg, Esquire, ("Goldberg"), seeks review of the judgment of the Court of Special Appeals and asks this Court to determine whether guardian ad litem fees imposed pursuant to Maryland Code § 1-202 of the Family Law Article (1984, 1999 Repl. Vol.) (hereinafter "guardian ad litem fees") can be collected through garnishment of a federal retirement annuity u... More...   $0 (11-08-2002 - MD)

Union Pacific Railroad v. Trona Valley Federal Credit Union

[1] Union Pacific Railroad (Union Pacific) appeals a district court judgment that it improperly calculated the amount to be withheld from an employee's paycheck to satisfy a judgment debt by failing to deduct a child support garnishment when determining disposable earnings. Union Pacific contends that deducting the child support garnishment would result in a violation of the Consumer Protectio... More...   $0 (11-07-2002 - WY)

Century Fire Sprinklers, Inc. v. CNA/Transportation Insurance Company

Century Fire Sprinklers ("Century") appeals following the trial court's order granting CNA/Transportation Insurance Company's ("CNA") second motion for summary judgment. Century raises four points on appeal. First, Century claims the trial court erred in allowing CNA to amend its answer to add the "business risk" exclusions as affirmative defenses. Second, Century contends the trial court erred... More...   $0 (10-29-2002 - MO)

Angela Marie Nordstrom, et al. v. Connie J. Eaton d/b/a Lakeside Music Cafe

When a creditor serves a garnishment summons on an insurer to collect insurance proceeds, the insurer serves a disclosure under Minn. Stat. § 571.79(a) (2000) denying that it is indebted to the debtor or possesses any money or other property belonging to the debtor, and the creditor fails to serve a motion within 20 days after the date of service of the disclosure for leave to serve a supplemental... More...   $0 (10-18-2002 - WI)

Donna K. Feldman, Administratrix of the Estate of Jeffrey Feldman, et al. v. Keithkalani Sebastian, et al.

The sole issue in this appeal is whether the trial court improperly denied the application of the named plaintiff, Donna K. Feldmann (plaintiff),1 for a prejudgment remedy and the appointment of a receiver to collect certain tribal incentive payments furnished to the defendants, Keithkalani Sebastian and Juanita Graham, as members of the Mashantucket Pequot Tribal Nation (tribe). On appeal,... More...   $0 (09-30-2002 - CT)

Standard Mutual Insurance Company v. Weccele

Harry E. Weccele, Misty Hopper, and Richard Cook, Jr. (collectively defendants), appeal an order of the circuit court of Marion County granting a summary judgment to Weccele's insurer, Standard Mutual Insurance Company (plaintiff), in a declaratory judgment action to determine insurance coverage. The appeal raises the issue of whether documents forwarded to the insured continued coverage until a d... More...   $0 (09-26-2002 - IL)

Universal Marketing and Entertainment, Inc. v. Bank One of Arizona, N.A.

1 When a judgment creditor, after initiating a garnishment against the unrestricted bank account of its judgment debtor, is informed that the judgment debtor does not own the bulk of the funds within the account and merely holds them to accomplish a transaction on behalf of another, does the creditor subject itself to liability for conversion if it completes the garnishment and refuses to ret... More...   $0 (08-30-2002 - AZ)

C.F. Trust, Inc., et al. v. First Flight Limited Partnership, et al.

In this diversity action, First Flight Limited Partnership appeals from the district court's order declaring First Flight the alter ego of Barrie Peterson and, therefore, making its assets subject to judgments entered against Peterson in favor of C.F. Trust, Incorporated, and Atlantic Funding Corporation. Because we find Virginia law on the issues presented in this case uncertain, we respect... More...   $0 (08-20-2002 - VA)

Wyzard v. Wyzard

Wife and Husband married on June 26, 1965. They had one child, a daughter, born in 1971. On March 23, 1999, Husband filed for dissolution. Since April 1, 1970, Husband had worked as a firefighter for the City of New Albany. During that entire time, Husband also held a second part-time job. Throughout the long marriage, Wife also worked outside the home. The parties' joint income derived approximat... More...   $0 (07-18-2002 - IN)

Donnita Killingsworth and David Killingsworth v. Dickinson Theatres, Inc.

Donnita Killingsworth and David Killingsworth (Plaintiffs) appeal from an order of the Circuit Court of Greene County setting aside a default judgment entered against Dickinson Theatres, Inc., (Defendant). The trial court found that it was "no longer equitable that the judgment remain in force, as set forth in 74.06(b)(5)."(FN1)

The record shows that Plaintiff, Donnita Killingsworth, was i... More...   $0 (07-12-2002 - MO)

Lawrence D. and Darlene O'Neill, et al. v. Jeffrey Dean Long, et al.

1 The trial court decided this garnishment proceeding in favor of the garnishor and against the garnishee, the insurer under a motor vehicle liability policy providing omnibus coverage to any person using the insured vehicle within the scope of consent granted by the named insured. The primary question on appeal is whether Oklahoma's Compulsory Insurance Law requires omnibus coverage even though t... More...   $205029 (07-08-2002 - OK)

Lawrence D. O'Neil, et ux. v. American Fidelity Insurance Company

1 The trial court decided this garnishment proceeding in favor of the garnishor and against the garnishee, the insurer under a motor vehicle liability policy providing omnibus coverage to any person using the insured vehicle within the scope of consent granted by the named insured. The primary question on appeal is whether Oklahoma's Compulsory Insurance Law requires omnibus coverage even though t... More...   $10000 (07-02-2002 - OK)

Robert R. Vanderbeek, et al. v. Vernon Corporation

We granted certiorari to consider the appropriate test for recovery of consequential damages in actions alleging tortious economic interference.1 Relying on our decision in Colorado Kenworth Corp. v. Whitworth, 144 Colo. 541, 357 P.2d 626 (1960), the court of appeals concluded that consequential damages for wrongful attachment were recoverable only if at the time the tort was committed, both parti... More...   $0 (06-21-2002 - CO)

Bank of Oklahoma, N.A. v. Krown Systems and James Krone and Convenient Fuel Group, L.L.C., Garnishee

1 Bank of Oklahoma, N.A. (Bank), acting as trustee, appeals a judgment in favor of Convenient Fuel Group, L.L.C. (Garnishee) on its garnishment action. The issue on appeal is whether the trial court erred in exercising its equity power to hold that Garnishee was not liable for funds it erroneously paid to Krown Systems (Debtor) before its new owners received actual notice of the garnishment. We co... More...   $15905 (06-07-2002 - OK)

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