Garnishment Law
 
Birim M. Blevins v. American Family Mutual Insurance Company and Janey Foust

Biri M. Blevins, Charles W. Jones, and John Busey (collectively “Plaintiffs”) appeal the judgment of the trial court dismissing their claims against Janey Foust for negligent failure to procure insurance and negligent misrepresentation and granting summary judgment in favor of American Family Mutual Insurance Co. (“American Family”) on their claim for equitable garnishment. We reverse and

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ML Manager, LLC v. Dale M. Jensen

This is an appeal from an order overruling an “Objection to Garnishee’s Answers to Interrogatories” on the finding that the objection was filed after the 20-day time period set forth in Neb. Rev. Stat. § 25-1030 (Reissue 2008). ML Manager, LLC, and SOJ Loan, LLC (collectively ML Manager), contend that under § 25-1030, the 20-day time period should not begin until the garnishor receives not

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Welco Electronics, Inc. v. Nicholas J. Mora

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiff’s cause of

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Arshad Yousuf, M.D. v. George Cohlmia, M.D.

American National Property and Casualty Company (ANPAC) appeals from the district court’s grant of summary judgment in favor of Physicians Liability Insurance Company (PLICO) in a dispute regarding ANPAC’s breach of its duty to defend a co-insured. PLICO cross-appeals the district court’s denial of its motion for prejudgment interest. We AFFIRM.

I

In November 2004, Dr. Asha

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First Mustang State Bank v. Garland Bloodworth, Inc.

¶1 Don Brown (Seller) owned land on which First Mustang State Bank (First Mustang) held a mortgage and note for $35,000.00. On August 12, 1985, Brown entered into a contract for the sale of this particular property with the partners of Geronimo Properties (Buyer). The sale price was $135,000.00. It is this realty, which we will call "Property A," that is the subject of the present appeal.

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Nathan D. La Moure v. Robin La Moure

This matter arises out of the dissolution of Nathan D. La Moure’s marriage to Robin La Moure and consequential division of assets, including Nathan’s defined benefit pension plan (pension plan). Nathan appeals two orders: (1) a July 23, 2010 order restraining disbursements from Nathan’s pension plan and (2) a December 1, 2010 order granting reconsideration of the court’s October 18, 2010 o

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John Haynes v. Dry Creek LLC d/b/a Arbor Glen Apartments

John Haynes sued Dry Creek LLC d/b/a Arbor Glen Apartments on a wrongful termination theory claiming:

1. Subject matter jurisdiction, personal jurisdiction and venue are properly before this Honorable Court.

2. Plaintiff is an individual with his sole residence and domicile located in Oklahoma City, Oklahoma.

3. Defendant is a domestic corporation registered to do business in

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BILLIE JOE YORK, Plaintiff-Appellant, v. PRESTON PAAKKONEN, Defendant-Respondent.

2 Plaintiff brought a personal injury action and obtained a jury award for her
3 economic damages. After judgment was entered, defendant filed a motion for partial
4 satisfaction pursuant to ORS 31.555 in which he sought to reduce the amount of the
5 judgment by the amount that defendant's insurance carrier had previously provided to
6 plaintiff in personal-injury-protection (PIP)

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Barbara Eichholz v. Secura Supreme Insurance Co.

Angela and Rodney Gilpin were murdered inside an apartment building owned and operated by Dennis and Sandra Prenger (collectively, the "Prengers"). Plaintiffs, survivors of the victims, obtained wrongful death judgments against the Prengers in state court. The state court found that the Prengers breached their landlord-tenant duty to provide security to their tenant (Angela) and her guest (Rodney)

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Merriman Investments, LLC v. Therese Ujowundu

Merriman Investments, LLC, appeals from an order dissolving a writ of garnishment. We reverse.

2

Therese Ujowundu, along with her nephew, Patrick Ujowundu, obtained a loan from Bank of America to finance the purchase of an automobile. They subsequently defaulted on the loan, and the automobile was repossessed and sold, leaving a deficiency balance due. The bank obtained a judgment fo

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United States v. Joyce Ashcraft

Joyce Ashcraft appeals the district court's order denying her objection to the garnishment of her disability payments. The district court ruled Ashcraft's disability payments were not "earnings" within the meaning of the Consumer Credit Protection Act (the "Act"), 15 U.S.C. § 1673(a), which limits garnishment of "earnings." We reverse and hold Ashcraft's disability payments are "earnings" within

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Robert Simon v. FIA Card Services, N.A.

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for

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IAFF Local 176 v. Public Employees Relations Board and the City of Tulsa

IAFF Local 176 sued the Public Employees Relations Board and the City of Tulsa claiming:

1. International Association of Fire Fighters, Local 176, is the certified bargaining representative of certain firefighters of the City of Tulsa, Oklahoma, a Defendant/Appellee herein, which is a municipal corporation. Plaintiff filed a ULP against Defendant City of Tulsa under the FPAA, 11 0.5. § 5

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In the Matter of the Marriage of James R. Herald vn Dixie L. Steadman

Husband appeals from a judgment of dissolution
of marriage, arguing that the court erred in dividing
the parties’ retirement benefits, and, specifically, in its
treatment of wife’s federal Civil Service Retirement System
(CSRS) benefits. In particular, husband asserts that the
trial court’s apportionment methodology (described in
detail below) violated 42 USC section

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Leroy Johnson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter "the Plaintiff"), brings this suit against the Plaintiff's custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter Merrill Lynch).

2 No. 12-3869

Despite the fact that he is the Plaintiff's administrator and sole fiduciary, Johnson alleges that Merrill Ly

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Jennifer Smith v. Solomon & Solomon, P.C.

This case requires us to decide whether the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., controls the choice of venue in a post-judgment enforcement action to recover a debt under Massachusetts trustee process law. We conclude that it does not.

The facts of this case are neither complex nor contested. The plaintiff-appellant is Jennifer Smith, formerly kn

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Betty Lou Bradshaw v. Peter G. Bennis

This is an appeal from the trial court’s judgment releasing interpleaded funds to Peter G. Bennis and Cleburne Bible Church (CBC). We affirm.

Background

A detailed description of the history of the underlying trial court case preceding this interpleader action may be found in Bradshaw v. Steadfast

___________________

1See Tex. R. App. P. 47.4.

2

Financia

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LCS Corrections Services d/b/a Coastal Bend Detention Center v. Kimberly Chavera

This is a restricted appeal challenging a default judgment taken by Kimberly Chavera, appellee, against her former employer, appellant LCS Corrections Services, Inc. (“LCS”). We affirm.

2

I. BACKGROUND

LCS employed appellee as a corrections officer in a private prison LCS runs in Robstown, Texas. Appellee injured her foot during her employment in December 2010. She took se

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Maria Ramirez v. Oklahoma Health Care Authority

Maria Ramirez sued the Oklahoma Health Care Authority claiming:

1) Maria Rarnirez (“Ramirez”) is now and at all times relevant to this action has been a resident of Tulsa County, Oklahoma.

2) The OHCA is an Oklahoma governmental agency that administers Oklahoma’s Medicaid program throughout the State of Oklahoma including Tulsa County, Oklahoma.

3) The motor vehicl

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James Whelan v. Trinidad Willis

James Whelan sued Trinidad Willis on an auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by Willis that occurred in Tulsa County, Oklahoma.

Trinidad Willis files this Notice of Automatic Stay.

Santa Fe Auto Insurance Company, which insures Defendant Trinidad Willis has been placed into receivership by the State of Texas. This action automa

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Betty Lou Bradshaw v. R.J. Sikes

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of

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Beth Williams v. William Carey Crutcher, II

1 {1} As a result of a settlement, a judgment was entered in favor of Plaintiff and against Defendants in Texas. Plaintiff domesticated the judgment in New Mexico pursuant to the Foreign Judgments Act (the Act), NMSA 1978, Sections 39-4A-1 to -6 (1989, as amended through 1994), and obtained a writ of execution to satisfy the judgment from property owned by one of the defendants. The district court

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Jay C. Adkins v. John A. Alberts

Jay C. Adkins sued John A. Alberts on a legal negligence (legal malpractice) theory:

1. Adkins is a citizen of the State of Oklahoma and a resident of Oklahoma County.

2. Defendant, John A. Alberts ("Alberts") is an attorney licensed to practice in Oklahoma. He maintains an office in Oklahoma City, Oklahoma.

3. Defendant, Jennifer Wadley ("Wadley") is an attorney licensed to

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Mountain States Mutual Casualty Company v. Christopher Roinestad



¶1 Respondents Christopher Roinestad and Gerald Fitz-Gerald were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog’s Breath Saloon & Restaurant (“Hog’s Breath”). The district court concluded that Hog’s Breath caused respondents’ injuries by dumpingsubstantial amounts of cooking grease into the sewer, thereby creating a fi

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Carbon Capital II v. Estate of James Wallace Tutt, III

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC (“Hotel 71”) and Carbon Capital II (“Carbon Capital”) (together with Hotel 71, “Appellants”) seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III (“Tutt” or “the Estate,” as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and we

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