(DOWNLOAD) "Central Security & Alarm Co. v. Mehler" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Central Security & Alarm Co. v. Mehler
- Author : New Mexico Court of Appeals
- Release Date : January 03, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Certiorari denied, No. 25,201, July 1, 1998 Opinion Number: 1998-NMCA-096 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Burt C. Cosgrove, III, District Judge OPINION 1 {1} This is a garnishment case. Central Security and Alarm Company, Inc. (Central Security) filed a writ of garnishment against Dean Witter. Dean Witter answered, asserting that at the time it was served, it only held $930 belonging to the judgment debtor. Central Security argued to the trial court that Dean Witter owed more than that amount to satisfy the writ because Dean Witter had a duty to stop payment on checks which Dean Witter had issued one day prior to service of the writ of garnishment. The trial court rejected that argument and awarded Central Security the $930. The trial court denied Dean Witter's motion for attorney fees. {2} Dean Witter appealed the order denying its motion for attorney fees. Central Security cross-appealed the denial of its motion for summary judgment. We consider on appeal whether a garnishee has a duty to stop payment on checks issued and delivered to discharge a debt prior to service of the writ of garnishment. We also decide whether the garnishee is a prevailing party and entitled to claim attorney fees under the garnishment statute. We affirm the trial court's decision with respect to the merits of the writ of garnishment. We reverse the trial court's decision on attorney fees and remand to the trial court for a hearing on that issue.
 "Central Security & Alarm Co. v. Mehler" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free){kind=link}