Garnishment Law
 
State of Oklahoma, ex rel. Oklahoma Bar Association v. Michelle Renee Rowe

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the ... More...   $0 (10-23-2012 - OK)

Colony Insurance Company v. Robbie Burke

In this appeal we address (1) whether a foster child in Oklahoma has a “contractual or statutory” relationship with the insurance company that provides foster care liability insurance to the foster child’s foster parent, such that the insurer owes the foster child either contractual obligations or an implied duty of good faith and fair dealing; (2) whether a judgment creditor may garnish a j... More...   $0 (10-17-2012 - OK)

Discover Bank v. Kimberly R. Barnes

¶1 Plaintiff/Appellant Discover Bank (Discover) appeals the trial court's Order filed on August 4, 2011, granting summary judgment in favor of Garnishee/Appellee Arbonne International (Arbonne), and the trial court's Order filed on October 7, 2011, awarding costs and attorney fees to Arbonne. Based on our review of the record and applicable law, we affirm.

FACTS AND PROCEDURAL BACKGROUDMore...
   $0 (10-05-2012 - OK)

Clarke County State Bank v. Josh Reel

After obtaining a monetary judgment against Josh Reel (a Florida resident) in Iowa district court, Clark County State Bank garnished Reel’s retirement account held in Iowa by Charles Schwab & Co. Reel filed a motion to quash the garnishment claiming his retirement account was exempt from garnishment under both Iowa and Florida law. The trial court denied Reel’s motion, citing the express provi... More...   $0 (10-03-2012 - IA)

Landmark Investment Group, LLC v. Chung Family Realty Partnership, LLC

The defendant, Chung Family Realty Partnership, LLC, appeals from the trial court’s order granting the application for a prejudgment remedy filed by the plaintiff, Landmark Investment Group, LLC. On appeal, the defendant claims that (1) the doctrine of res judicata prevents the plaintiff from relitigating issues that have been or could have been litigated in the first litigation; and (2) the cou... More...   $0 (08-28-2012 - CT)

David Dee v. Brian Horton

¶1 Appellant Brian Horton (Horton), appeals from an order below granting Appellees David Dee and Sandra A. Dee's (collectively, the Dees), emergency request to order release of Horton's Mechanic's Lien and Lis Pendens notice (collectively, Lien). The Order on appeal does not determine the action nor does it prevent a judgment and later appeal after trial of all pending issues. The Dees' Motion to... More...   $0 (08-17-2012 - OK)

James W. Trenz v. Peter Paul Petroleum Company

James W. Trenz and Terrane Associates, Inc. (collectively, Trenz) appeal from the trial court’s denial of a special appearance in this declaratory judgment action brought by Peter Paul Petroleum Company and Posse Energy, Ltd.
(collectively, Peter Paul) to resolve disputes over the calculation and payment of a reversionary interest in an Oklahoma oil and gas lease. Trenz argues that the trial... More...
   $0 (08-11-2012 - TX)

Tracy Lind v. Midland Funding, L.L.C.

Tracy and Steve Lind filed this suit after defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds allege that defendants deprived Tracy of her due process rights in violation of 42 U.S.C. § 1983 and that defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (FDCPA). The district court1 dismissed both claims. We affirm... More...   $0 (08-09-2012 - MN)

Endsley Electric, Inc. d/b/a Industrial Power Systems v. Altech, Inc.

Altech, Inc., a general contractor, contracted to build an intermediate school for the Pleasant Grove Independent School District (the Project). Endsley Electric, Inc., doing business as Industrial Power Systems or Industrial Power Systems, Inc., entered into a subcontract with Altech to provide the electrical and fire alarm work on the Project. In April 2010, shortly after the Project was complet... More...   $0 (08-08-2012 - TX)

Dustin McClain Smallridge v. Patricia Robin Smallridge

On May 3, 2010, the trial court entered its final decree of divorce between Dustin McClain Smallridge and Patricia Robin Smallridge.[1] Insofar as the issues in this appeal are concerned, the trial court appointed Dustin and Patricia joint managing conservators of their three children, C.M.S. and C.M.S., who are twins, and E.N.S. Patricia was awarded the sole right to establish the primary resi... More...   $0 (07-26-2012 - TX)

Ruth Mendenhall v. Property and Casualty Insurance Company of Hartford

Ruth Mendenhall appeals a summary judgment in favor of Property and Casualty Insurance Company of Hartford (Hartford) on her equitable garnishment claim seeking insurance coverage for the death of her husband, Len Mendenhall. The trial court’s judgment was premised on the conclusion that Mr. Mendenhall was an “employee” under the terms of the Hartford policy and, therefore, was excluded from... More...   $0 (07-13-2012 - MO)

Bradford Park, LLC v. Cook & Associates

Bradford Park, LLC sued Cook & Associates, Inc. and Consolidated Construction Company on professional negligence theories

Bradford Park filed the instant action against Consolidated Construction Company (“Consolidated Construction”) and Cook & Associates Engineering, Inc. on December 12, 2008. Bradford Park alleged Consolidated Construction negligently performed exëavatiqn and dirt m... More...
   $0 (06-30-2012 - OK)

Lisa Grissom v. First National Insurance Agency

Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom’s Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom’s favor. None of the material fa... More...   $0 (05-16-2012 - MO)

Christina Owens v. John Hawkins

Christina Owens appeals from the trial court’s order granting a no-evidence motion for summary judgment filed by John Hawkins,1 Janel Sue Skrabanek, Jack Paul Moore, William Richard Moore, and Bruce A. Skrabanek.2 Because the trial court did not err in granting the motion for summary judgment, we affirm the trial court’s order.

BACKGROUND

The parties to this proceeding are all re... More...
   $0 (04-19-2012 - TX)

Lewis Heacker v. Safeco Insurance Company

Lewis A. Heacker sued Jessica J. Wright and her insurers (including Nationwide Insurance Company of America) for equitable garnishment to collect a state court judgment. The district court1 granted summary judgment to the insurers. Heacker appeals as to Nationwide. Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms.

I.

Lewis Heacker sued Jessica Wright in the C... More...
   $0 (04-17-2012 - MO)

Ronald B. Palmer v. Nakaysone Julie Palmer

In six issues, Appellant Ronald B. Palmer, pro se, appeals the trial court’s amended order on petition for enforcement of spousal maintenance and its order of income withholding for spousal maintenance entered in favor of Appellee Nakaysone Julie Palmer. We dismiss the portion of the appeal pertaining to contempt for want of jurisdiction, reverse the trial court’s amended order on petition fo... More...   $0 (04-06-2012 - TX)

Tana Blackmore v. Marvin Dunster

¶1 Appellant Tana Blackmore appeals an order from the Thirteenth Judicial District Court setting aside the levying sale, and her purchase, of Appellee Marvin Dunster’s pending personal injury cause of action. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 Blackmore filed a complaint against Dunster in Yellowstone County Cause No. DV 07-1158, alleging damages arising from an assa... More...
   $0 (04-03-2012 - MT)

Fanie Mae v. Heather Apartments Limited Partnership d/b/a Vintage Lakes Apartments

This case presents the question of whether Minn. Stat. § 575.05 (2010) authorizes a district court to issue a temporary injunction prohibiting a judgment debtor from transferring or disposing of property that is not presently in the hands of or due to the judgment debtor. The property at issue in this case is the interest of respondent Andrew C. Grossman, the judgment debtor, in a spendthrift tru... More...   $0 (03-21-2012 - MN)

Moore Automotive Group, Inc. v. Julie D. Lewis

Julie Lewis (Defendant) appeals the trial court’s grant of summary judgment to Moore Automotive Group, LLC (Plaintiff) in the amount of $2,401,432.35 on its claims for conversion and breach of fiduciary duty. Defendant contends the trial court improperly relied on the collateral source doctrine to preclude Defendant from introducing evidence of payments that Plaintiff received from other sources... More...   $0 (03-20-2012 - MO)

Leonides Lorenzo Cruz v. International Collection Corporation

Defendants-Appellants International Collection Corporation and Charles D. Hendrickson appeal the district court’s grant of summary judgment in favor of plaintiff-appellee Her- minia Lorenzo Cruz on her claim under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 and the district court’s orders granting three of plaintiff ’s post-summary judgment motions. The notice of appeal... More...   $0 (03-08-2012 - CA)

Logan & Lowry, L.L.P. v. Melissa Kelson

Vinita, OK - The firm of Logan and Lowry, L.L.P. sued Melissa Kelson seeking a money judgment.

The claims made and defenses asserted are not available.

02/22/2012 FILE AND ENTER PETITION $163.00
LAW LIBRARY ASSESSMENT $6.00
DISPUTE MEDIATION ASSESSMENT $2.00
Oklahoma Court Information System Fee - Effective 07/01/04 $25.00
LENGTHY TRIAL FUND $10.00
... More...
   $0 (02-22-2012 - OK)

Jacqueline Townsel v. Dish Network, L.L.C.

Jacqueline Townsel signed up for satellite TV service from DISH Network. As with cell phones, the cost of equipment is amortized over two years through payments for the service; a customer who drops the service owes a termination fee to cover the unpaid portion of the equipment’s cost. Townsel agreed to pay a termination fee if she discontinued the service for any reason during the first two yea... More...   $0 (02-16-2012 - IL)

Steve Clark Heller v. Desiree Cheyenne Heller

In a final divorce decree, Steven Clark Heller agreed to pay contractual alimony to Desiree Cheyenne Heller. When Steven failed to make payments, Desiree sought a wage withholding order. Steven filed a motion to stay issuance of the order. The trial court denied Steven‟s motion and entered a wage withholding order. In his sole appellate issue, Steven contends that the trial court erred by orderi... More...   $0 (02-02-2012 - TX)

Barbara Solley v. Navy Federal Credit Union

Barbara Solley filed suit for conversion, slander of title, and negligence against Navy Federal Credit Union (the Bank) after Jimmy L. Mullins, Sr., with whom she owned a house, obtained a mortgage on the house from the Bank without her knowledge. The Bank was held in default after it failed to answer Solley's complaint. After the special referee required Solley to elect the theory of damages, s... More...   $0 (02-01-2012 - SC)

Phillip D. Grimsley, Sr. v. South Carolina Law Enforcement Division and the State of South Carolina

This is an appeal from the trial court's order granting the State's motion to dismiss. We reverse and remand.

Appellants are rehired employees of the South Carolina Law Enforcement Division (SLED). Appellants' claims arise from the contention that SLED has imposed a requirement in a statutorily authorized retirement program that is contrary to law. The trial court dismissed the complaint... More...
   $0 (01-03-2012 - SC)

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