Owen Electric Supply v. Brite Day Construction

Appellant, Owen Electric Supply, Inc. (Owen Electric), obtained a money judgment against Ron Sutherland, individually. In an effort to collect the judgment, Owen Electric filed a garnishment suit against appellee, Brite Day Construction, Inc., d/b/a Construction Design Services (Brite Day), seeking to garnish funds Brite Day allegedly owed Sutherland under a construction contract. Brite Day answered, saying it had no assets of Sutherlands and owed him no debt. Thereafter, Sutherland filed Chapter 7 bankruptcy proceedings and he received a discharge in bankruptcy. Owen Electric and Brite Day both filed motions for summary judgment in the garnishment action. The trial court granted a partial summary judgment in favor of Brite Day and scheduled an evidentiary hearing on attorneys fees. A final summary judgment was later entered in favor of Brite Day.