Garnishment Law
 
Liggatt v. Employers Mut. Casualty Co.

Passenger Janet Hathaway filed a tort action against driver Gale Liggatt for injuries she sustained in a one vehicle motorcycle accident. Liggatt's insurer, Employers Mutual Casualty Company (EMC), denied coverage and refused to defend based upon a specific policy exclusion for a vehicle with less than four wheels. Hathaway's garnishment action against EMC based upon a consent judgment and Liggatt... More...   $676846 (05-31-2002 - KS)

James A. Pepitone v. Jerold W. Serman, et al.

The plaintiff, James A. Pepitone, appeals from the judgment of the trial court rendered after it granted the motion for summary judgment in favor of the defendants, Jerold W. Serman and Jerold W. Serman, Inc.1 On appeal, the plaintiff claims that the court improperly concluded that he could not bring his action under the accidental failure of suit statute, General Statutes § 52-592,2 and, t... More...   $0 (05-03-2002 - CT)

Kevin L. Stevens v. IGF Insurance Co.

IGF Insurance Company issued an automobile insurance policy with a $25,000 coverage limit to Kevin L. Stevens. Samuel Jay Ramsey was severely injured in an accident with Stevens. After IGF refused to settle for policy limits, a lawsuit was brought on Ramsey's behalf in Missouri state court. IGF defended Stevens at trial, and a jury awarded $15 million to Ramsey. Stevens filed a notice of appea... More...   $0 (04-23-2002 - MO)

R.W. et al., appellants, v. Daniel B. Schrein, M.D., et al.

As children, the five appellants in these actions were patients of Daniel B. Schrein, M.D., who was then a pediatrician practicing in Omaha. Now adults, appellants brought actions to recover damages for sexual abuse perpetrated upon them by Schrein under the guise of medical treatment. After obtaining default judgments against Schrein, appellants commenced these garnishment proceedings against The... More...   $0 (04-19-2002 - NE)

Decker & Mattison Co. v. Wilson, et al.

Decker & Mattison Co., Inc., (D & M) appeals the district court's decision to quash the garnishment of Charles Wilson's certificate of deposit (CD). D & M argues the court erred when it determined that proceeds from a workers compensation settlement used to purchase the CD were exempt from garnishment under K.S.A. 2001 Supp. 60-2313(a)(3) and K.S.A. 44-514.

The facts in this case are straig... More...   $0 (04-19-2002 - KS)

Hi-Pro Animal Health, et al. v. Rusty Halverson d/b/a Halverson Ranch

1 The trial court plaintiff, Hi-Pro Animal Health (Hi-Pro), appeals the decision of the trial court denying Hi-Pro's request for attorney fees in its action to domesticate a foreign judgment against the trial court defendant, Rusty Halverson (Halverson.) BACKGROUND

2 The facts are not disputed. Hi-Pro obtained a default judgment in Texas against Halverson on an account. The judgment inclu... More...   $0 (04-16-2002 - OK)

FRANCISCO GONZALEZ v. COMBINED INSURANCE COMPANY OF AMERICA

1 Defendant/Appellant Combined Insurance Company of America (Insurance Company) appeals from orders binding Insurance Company to a default judgment entered against its co-defendant David Hopwood, and granting summary judgment to Plaintiffs/Appellees Sanjuana Gonzalez and Remberto Gonzalez (collectively, the Gonzalezes). Following an automobile accident, the Gonzalezes filed a negligence petitio... More...   $0 (04-12-2002 - OK)

The Society of Lloyd's v. Patrick Collins

Although Lloyd's oversees the London insurance market, the insurance is written by its underwriting members. See Soc'y of Lloyd's v. Ashenden, 233 F.3d 473 (7th Cir. 2000). Because these members, also known as "names," do not have limited liability, their personal assets are at risk if insured parties were to obtain a judgment worth more than the assets of the member that insured them. I... More...   $0 (03-26-2002 - IL)

Dennis Rafferty and Eugenia Rafferty v. Noto Brothers Construction, L.L.C., et al.

The defendants, Noto Brothers Construction, LLC, and Anthony Noto and Heidi Noto, appeal from the order of the trial court granting the application for a prejudgment remedy filed by the plaintiffs, Dennis Rafferty and Eugenia Rafferty. The defendants claim that the court improperly (1) permitted the plaintiffs to proceed on an application for a prejudgment remedy that failed to comply with ... More...   $0 (03-25-2002 - CT)

Lisa Ann Feltner v. Title Search Company

Title Search Company appeals the district court's entry of a contempt and sanctions order after finding that Title Search violated an injunction preventing relitigation in state court of certain issues previously decided in federal court. Because the district court was well within its discretion to hold Title Search in contempt and sanction it, we affirm the judgment of the district cour... More...   $0 (03-12-2002 - IN)

Condaire, Inc. v. Allied Piping, Inc.

This case requires us to consider how registration in the United States District Court for the Eastern District of Michigan, under 28 U.S.C. § 1963, affects the enforcement of a valid judgment obtained in the United States District Court for the Eastern District of Missouri. We conclude that the plain language of the statute, in combination with Fed. R. Civ. P. 69(a), requires the application of M... More...   $0 (03-12-2002 - MI)

FCLT Loans, L.P. v. The Estate of Louise P. Bracher, et al.

In 1980, Victor Bracher executed a note with First City Bank – Inwood Forest, N.A., secured by a Deed of Trust covering eight tracts of land in Harris County. Two years later, Victor and his wife, Louise, established three trusts, each named for one of the couple’s three children: the Antoinette Bracher Lawrence Trust, the Barbara K. Bracher Trust, and the David A. Bracher Family T... More...   $0 (02-28-2002 - TX)

Larry Johnston, et ux. v. John Sweany, et al., Assurance Company of America

Larry and Gwen Johnston owned a home. Three days after Sweany's company performed repair work in their home, a fire occurred. The Johnstons sought compensation from Sweany for the fire damage. Sweany denied liability. The Johnstons filed suit. Sweany eventually signed a confession of judgment. The confession limited execution on the judgment to any available insurance proceeds. Final judgment was ... More...   $0 (02-26-2002 - MO)

United States v. Vickie Distefano

Vicki Distefano appeals from the district court's order granting summary judgment to the United States of America.(1) The United States, acting through its agency the Department of Education (DOE), brought this action seeking to recover on defaulted student loans made to Ms. Distefano under federally funded loan programs authorized under Title IV-B of the Higher Education Act of 1965, 20 U.S.C. §§... More...   $0 (02-13-2002 - KS)

State Farm Fire & Casualty Company v. T.B., a minor by her parents and next friend, George Bruce and Cathy Bruce

State Farm Fire and Casualty Company declined to represent an insured homeowner in a suit brought by a child whom the insured's husband molested during daycare in the insured's home. The insured agreed to a consent judgment of $375,000, with the stipulation that none of it would be collected from the homeowner, and assigned all policy rights to the child. The trial court entered the judgment. It l... More...   $0 (02-12-2002 - IN)

1 The trial court defendant, Nadine M. Monroy (Monroy), appeals a decision which refused to retroactively refund to her the wages garnished by the trial court plaintiff, Hillcrest Medical Center (Hillcrest). BACKGROUND 2 The essential facts are not disputed. Hillcrest holds a money judgment against Monroy which it obtained by default on May 16, 2000. On June 19, 2000, Hillcrest issued a one-... More...   $0 (01-16-2002 - OK)

United States Leather, Inc. v. Mitchell Manufacturing Group, Inc.

Defendants, Mitchell Manufacturing Group, Inc., now known as Mitchell Automotive, Inc. (Mitchell Automotive), and its parent corporation, Mitchell Corporation of Owosso (Mitchell Corp.), appeal from the district court's order granting plaintiff's motion for determination of interest in real property and denying Mitchell Corp.'s motion to set aside the garnishment of lease payments on that property... More...   $0 (01-04-2002 - MI)

Melissa Lancaster v. American & Foreign

After Melissa and Tim Lancaster's settlement with Melissa's employer was reduced to judgment, the Lancasters sought to garnish insurance proceeds from American and Foreign Insurance Company, Royal Insurance Company of America, and Royal Surplus Line Insurance Co. (hereinafter collectively "insurers"), each of which provided insurance coverage to Melissa's employer. Following summary judgment ... More...   $0 (12-07-2001 - MO)

Michael Gallegos v. Robert Espinoza, Sr., et al.

{1} A general contractor on a public works project owes payments to its subcontractor who, in turn, owes money to various suppliers. The subcontractor also owes an unrelated debt on a judgment. The judgment creditor obtains a writ of garnishment against the general contractor demanding that, instead of paying the subcontractor, it pay the judgment creditor. We discuss the circumstances under w... More...   $0 (11-21-2001 - NM)

Mark Anglin v. Contracting Fabrication Machining, Inc. aka CFM, Inc. - Custom Steel Fabrication, Intervenor

1 Mark Anglin brought suit on a promissory note he had with Contracting Fabrication Machining, Inc. (CFM) and obtained a pre-judgment writ of garnishment on CFM funds held by Stephen Blevins. Custom Steel Fabrication, Inc. (Custom Steel) intervened in the lawsuit and was successful in dissolving the writ of garnishment. Custom Steel requested attorney fees under Utah Code Ann. § 78-27-56.5 (1996),... More...   $0 (11-16-2001 - UT)

Ray Klein, Inc. v. Brady Preheim

Defendants appeal from a judgment entered after the filing of an arbitrator's decision and award following court-annexed mandatory arbitration pursuant to ORS 36.400 et seq. ORS 36.425(1). Defendants also assign error to the trial court's post-judgment order denying their motion to quash garnishment and to the court's supplemental judgment for sanctions pursuant to ORS 20.105. We conclude that: (1... More...   $0 (11-14-2001 - OR)

N.A.R., Inc., v. Walker

1 Plaintiff North American Recovery, Inc. (N.A.R.), a collection agency, appeals from an order denying its motion for augmentation of a default judgment to cover post-judgment legal fees. The trial court denied N.A.R.'s motion, stating N.A.R. had failed to demonstrate evidence of "considerable additional work to collect as required by rule 4-505(4) of the Utah Code of Judicial Administration." <... More...   $0 (11-09-2001 - UT)

Shanna Christian v. Progressive Casualty Ins. Co. and Richard Maschmeyer

This is an appeal from a judgment obtained against Appellant, Progressive Casualty Insurance Company, (Progressive) resulting from an equitable garnishment proceeding.(FN1) Respondent, Shanna Christian, (Christian) had earlier obtained a judgment against Progressive's insured, Richard Maschmeyer, (Maschmeyer) arising from Christian's claim for the wrongful death of her son, Dustin Gaines. The seve... More...   $0 (10-26-2001 - MO)

Shanna Christian v. Progressive Casualty Ins. Co. and Richard Maschmeyer

This is an appeal from a judgment obtained against Appellant, Progressive Casualty Insurance Company, (Progressive) resulting from an equitable garnishment proceeding.(FN1) Respondent, Shanna Christian, (Christian) had earlier obtained a judgment against Progressive's insured, Richard Maschmeyer, (Maschmeyer) arising from Christian's claim for the wrongful death of her son, Dustin Gaines. The seve... More...   $0 (10-26-2001 - MO)

Terry Evans v. Cashland, Inc.

Wrongful Garnishment. Cashland overgarnished $110.70 on an otherwise valid judgment claiming mistake. Plaintiff alleged Cashland had a pattern of overcharging consumers who defaulted on pay day loans. ... More...   $310000 (10-25-2001 - OK)

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