Bank One, N.A. v. Wohlfahrt

In a post-judgment garnishment proceeding, appellant, Bank One, N.A., sought to execute on a judgment that its predecessor-in-interest had obtained against appellee, Douglas Wohlfahrt, in 1987. The trial court granted partial summary judgment to Wohlfahrt based on payment and awarded him $3,878.44 after a jury found Bank One had wrongfully garnished his bank account. On appeal, Bank One contends the trial court erred in (1) granting partial summary judgment to Wohlfahrt on the ground that he had fully paid the judgment; (2) submitting Wohlfahrts wrongful garnishment counterclaim to a jury; and (3) allowing Wohlfahrt to withdraw certain funds from the registry of the court. We hold that the trial court should not have granted partial summary judgment to Wohlfahrt based on payment, and therefore reverse and remand the cause for further proceedings.