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Decker & Mattison Co. v. Wilson, et al.
Date: 04-19-2002
Case Number: 86433
Judge: Brazil, J.
Court: In The Supreme Court of the State of Kansas
Plaintiff's Attorney:
"_new">E. Dexter Galloway, of Hutchinson, argued the cause and was on the brief for appellant.
Defendant's Attorney:
"_new">James M. Holmberg, of Kansas City, argued the cause, and
"_new">Thomas D. Arnhold, of Thomas D. Arnhold, P.A., of Hutchinson, was on the brief for appellee.
The facts in this case are straightforward. On February 9, 1999, Charles Wilson received $77,449.44 after settling his workers compensation case. Wilson opened a joint savings account in First Commercial Bank in Humboldt with his wife, Janeen, on February 10, 1999, and deposited all but $4000 of the settlement. On April 9, 1999, Wilson withdrew $5,000 from the account and purchased a CD at the same bank. The only deposit in the account prior to the April 9, 1999, withdrawal was the workers compensation settlement.
D & M filed a petition on January 13, 1999, against Wilson and Randy Brown in connection with their business, Brown, Wilson Heating & Air Conditioning. D & M alleged a debt against Wilson and Brown in the amount of $5,851.89, plus interest of $269.36. The district court eventually entered judgment in D & M's favor against Wilson, but not Brown, in the amount of $3,968.20 on July 27, 1999. The certified copy of the appearance docket indicates Brown was dismissed from the case.
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Click the case caption above for the full text of the Court's opinion.
Affirmed for the defendants.
About This Case
What was the outcome of Decker & Mattison Co. v. Wilson, et al.?
The outcome was: Was the district court correct in limiting the issue to the narrow question of ascertaining the origin of the funds used to purchase the CD? In its notice of appeal, D & M appealed the district court's order "in which the District Court found that the Certificate of Deposit was exempt property, and quashed the Order of Garnishment issued to the First Commercial Bank, N.A. of Humboldt, Kansas." While there is evidence in the record that D & M filed a motion for examination of judgment debtor and an order for a hearing on this motion was scheduled for September 1999, there is no indication in the record what became of this hearing. The court's order from which D & M appeals is confined to the narrow issue of whether the CD was exempted from seizure and sale pursuant to K.S.A. 2001 Supp. 60-2313(a)(2) and K.S.A. 44-514, and this is the only order D & M appeals. Thus, the district court did not err in limiting the testimony to matters involving the source of the funds used to purchase the CD. Affirmed for the defendants.
Which court heard Decker & Mattison Co. v. Wilson, et al.?
This case was heard in In The Supreme Court of the State of Kansas, KS. The presiding judge was Brazil, J..
Who were the attorneys in Decker & Mattison Co. v. Wilson, et al.?
Plaintiff's attorney: E. Dexter Galloway, of Hutchinson, argued the cause and was on the brief for appellant.. Defendant's attorney: James M. Holmberg, of Kansas City, argued the cause, and Thomas D. Arnhold, of Thomas D. Arnhold, P.A., of Hutchinson, was on the brief for appellee..
When was Decker & Mattison Co. v. Wilson, et al. decided?
This case was decided on April 19, 2002.