Garnishment Law
 
Broom v. Wilson Paving & Excavating, Inc.

Wilson Paving & Excavating, Inc. was one of several subcontractors retained to perform services in connection with a renovation project at Sand Springs Memorial Stadium at Charles Page High School. Specifically, Wilson Paving contracted to dig trenches and lay pipe for a storm drainage system being installed under the school's athletic field. Wilson Paving utilized a local staffing agency, Labor R... More...   $0 (11-22-2015 - OK)

In re Equalization Appeal of Kansas Star Casino

The Kansas Legislature enacted the Kansas Expanded Lottery Act (KELA), K.S.A. 74-8733 et seq., in 2007. KELA divided the state into four gaming zones: northeast, south central, southwest, and southeast, each of which would be allowed to have only a single gaming facility management contract. K.S.A. 2014 Supp. 74-8734(a), (d). Sedgwick County and Sumner County comprise the south central gaming zone... More...   $0 (11-20-2015 - KS)

Morton County Hospital v. Howell

A judgment, once entered, may be vacated and reconsidered on the merits if the entity against which it has been entered is able to establish excusable neglect in not challenging the judgment. Donald L. Howell was served with a petition and summons to appear in a limited actions case being brought against him by Morton County Hospital for money he allegedly owed it. Howell appeared and admitted the... More...   $0 (11-03-2015 - KS)

Donny Lee Bretz v. The State of Texas

Donny Lee Bretz, an inmate proceeding pro se and in forma pauperis, appeals
the trial court’s order denying his motion to rescind an order to withdraw funds from
his inmate account. We affirm.
The jury convicted Appellant of murder in 1985 in Cause No. A-17,040 in the
70th District Court of Ector County and assessed his punishment at confinement for
a term of ninety-nine years.... More...
   $0 (10-22-2015 - TX)

Valencis v. Nyberg

The defendants David Nyberg and CSM North, LLC (CSM),1 appeal from the judgment of the trial court awarding a prejudgment remedy in favor oftheplaintiffs,StanleyValencis,ACSYS,Inc.(ACSYS), and MIG Ventures, LLC (MIG), in the amount of $1,517,389.40.2 On appeal, the defendants claim that (1) the court improperly granted the application for a prejudgment remedy without taking into account the defen... More...   $0 (10-19-2015 - CT)

World Wide Supply OU v. Quail Cruises Ship Management, et al

This appeal has a complicated background, involving multiple lawsuits in
federal district courts, Florida state court, and a Spanish bankruptcy court. The
common denominator of these suits is Quail Cruises Ship Management (“Quail”),
from which multiple parties, including participants in this appeal, have tried to
collect money that they believe Quail owes them.
contract w... More...
   $0 (10-12-2015 - FL)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...   $0 (10-09-2015 - OR)

Brownstone Homes Condo. Assn. v. Brownstone Forest Hts.

Defendant Capitol Specialty Insurance Co. has moved to dismiss this appeal on the ground that it has become moot. According to Capitol, the issues to be decided in the appeal pertain to the terms of an agreement settling an underlying construction defect case, but those very terms have been superseded by amendments to the agreement adopted during the pendency of the appeal. We conclude that, becau... More...   $0 (10-09-2015 - OR)

World Wide Supply OU v. Quail Cruises Ship Management f/k/a Happy Cruises, S.A.

This appeal concerns an attachment of property made pursuant to Supplemental Admiralty Rule B. The money at issue arose from the legal settlement of a dispute over the purchase of a cruise ship featured on ABC Television Network’s long-running series, The Love Boat. The plaintiff below, and appellant here, has advanced a novel interpretation of Rule B. The district court was unpersuaded, as are we... More...   $0 (09-30-2015 - FL)

Harrison v. Republic of Sudan

Plaintiffs‐appellants are sailors and spouses of sailors injured in the 
bombing of the U.S.S. Cole, who brought suit against Sudan in the D.C. District 
Court on October 4, 2010, under 28 U.S.C. § 1605A, the terrorism exception to the 
FSIA, alleging that Sudan provided material support to al Qaeda, whose 
operatives perpetrated the attack on the vessel.1   
Pursuant to ... More...
   $0 (09-23-2015 - NY)

Kevin Duff v. Central Sleep Diagnostics

On August 31, 2010, investors in Central Sleep filed suit in Cook County Circuit Court against the company; Kenneth Dachman, its promoter; Dachman’s wife, Katherine Lynn Dachman; and several others. The suit asserted claims for fraud, RICO violations, conversion, fraudulent conveyance, civil conspiracy, and securities fraud. Dachman was also criminally charged and convicted for his fraudulent cond... More...   $0 (09-13-2015 - IL)

Venus M. Ramsey v. Michael K. Woodruff

El Reno, OK

Venus M. Ramsey sued Michael K. Woodruff on an auto negligence theory claiming:

I. Plaintiff is a resident of Canadian County, State of Oklahoma.
2. Defendant Michael Keith Woodruff is a resident of Canadian County and may he served with process at his home address of 2803 South Villa Drive, El Reno, Oklahoma 73036.
3. This action arises out of an automobile ... More...
   $30307 (09-10-2015 - OK)

T&H Bail Bonds, Inc., et al. v. Preferred Investment Services, Inc., et al

Preferred Investment Services, Inc., (“PISI”) was a Delaware corporation involved in the
financing of cash bails that were posted in various Delaware courts by T&H Bail Bonds, Inc.
Edwin Swan was the owner and principal of PISI. Plaintiffs (in this action) are T&H and the
other named individuals who were originally co-defendants in the Chancery Court case. The
contract betwe... More...
   $30700 (09-01-2015 - DE)

GARY C’HAIR and ROCHELLE C’HAIR, v. DISTRICT COURT of the NINTH JUDICIAL DISTRICT and JOHN STROHECKER,

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro... More...   $0 (08-26-2015 - WY)

United States of America v. Barry Cohan

On June 10, 2009, Cohan pleaded guilty to one count of healthcare fraud, 13
in violation of 18 U.S.C. § 1347, and one count of aggravated identity theft, in 14
violation of 18 U.S.C. § 1028A(a)(1). Briefly, the government alleged that Cohan, 15
a dentist, submitted false claims seeking reimbursement for dental treatments for 16
employees of the Port Authority of New York & New ... More...
   $0 (08-14-2015 - NY)

United States of America v. Barry Cohan

21 Appeal from two orders of the United States District Court for the Eastern
22 District of New York (Frederic Block, J.) entered December 23, 2013, granting the
3
government writs of garnishment 1 directing that certain monies owned by Cohan,
2 but in the control of third parties, be transferred to the United States to satisfy
3 Cohan’s restitution obligations. On appeal, Coh... More...
   $0 (08-14-2015 - NY)

Cain v. Jacox

Danitra Cain appeals from the denial of her motion to recover postjudgment interest on unpaid child support judgments. The district court denied the motion holding that the doctrine of res judicata barred Cain's claim. The Court of Appeals affirmed. But we hold that because Cain was neither a party in a prior proceeding nor in privity with a party in a prior proceeding, the doctrine of res judica... More...   $0 (07-30-2015 - KS)

Kelley|Witherspoon, LLP, Kevin Kelley and Nuru Witherspoon v. Armstrong International Services, Inc.

This is an appeal from a judgment following a jury trial in a legal malpractice action. Asserting three issues, Kelley/Witherspoon, LLP, Kevin Kelley, and Nuru Witherspoon contend the evidence is legally and factually insufficient to support the damages awarded and the finding of negligence against Nuru Witherspoon individually. Armstrong International Services, Inc. presents a single issue in a c... More...   $0 (07-27-2015 - TX)

Cain v. Jacox

In 1998, Danitra Cain gave birth to a daughter. Within a few months of the child's birth, the Kansas Department of Social and Rehabilitation Services (SRS) commenced this action in Riley County District Court. The court found that Kendyl Jacox was the child's father and ordered him to pay child support. Soon after, having finished his collegiate football career at Kansas State University, Jacox be... More...   $0 (07-24-2015 - KS)

STILWYN, INC. v. ROKAN CORPORATION

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”) ... More...   $0 (07-17-2015 - )

Thomas J. McFarland v. A. Stephenson Wallace

After filing for bankruptcy in 2011, Thomas McFarland claimed a number of
exemptions from his bankruptcy estate. This appeal concerns two such claims,
which are opposed by Trustee A. Stephenson Wallace. Before us, McFarland
requests exemption for: (1) an annuity worth well over $150,000; and (2) the
nearly $15,000 cash surrender value of a whole life insurance policy. The
bankr... More...
   $0 (06-22-2015 - GA)

Warren Power and Machinery, Inc. v. Travelers Casualty and Surety Company of America, et al.

Tulsa, OK - Warren Power and Machinery, Inc. sued Travelers Casualty and Surety Company of America, et al. on a breach of contract theory claiming:

1. Warren is a foreign corporation doing business in Tulsa County, Oklahoma.
2. The Defendant, Travelers Casualty and Surety Company of America (“Travelers”) is a foreign corporation registered to do business in the State of Oklahoma.<... More...
   $0 (05-26-2015 - OK)

Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court’s summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm.
In early 2008, Kenneth Mauer loaned William Hughes over... More...
   $0 (05-08-2015 - TX)

Pamela Gillie v. Law Office of Eric A. Jones, L.L.C.

Plaintiffs Pamela Gillie and Hazel Meadows appeal the district
court order entering summary judgment in favor of Defendants Eric A. Jones; the Law Office of
Eric A. Jones, LLC (“Jones Law Office”); Mark J. Sheriff; Sarah Sheriff; and Wiles, Boyle,
Burkholder & Bringardner Co., LPA (“Wiles Law Firm”). Plaintiffs brought this action under
the Fair Debt Collection Practices Ac... More...
   $0 (05-08-2015 - OH)

Banco Popular North America v. American Fund US Investments LP

In three issues, Banco Popular North America appeals the trial court’s denial of its
motion for new trial. We affirm.
American Fund US Investments, LP, filed an application for a post-judgment writ of
garnishment. In the application, AF stated it had a final, unsatisfied judgment against Wildcat
Mockingbird, LLC and Concepts America, Inc., jointly and severally, for $918,582.93 i... More...
   $0 (04-17-2015 - TX)

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