Heath Tecna Corp. v. Sound Systems Intern., Inc., s. 15539
| Decision Date | 28 November 1978 |
| Docket Number | Nos. 15539,15625,s. 15539 |
| Citation | 588 P.2d 169 |
| Parties | HEATH TECNA CORPORATION, a Washington Corporation, Plaintiff and Respondent, v. SOUND SYSTEMS INTERNATIONAL, INC., Elwood G. Norris, et al., Defendant and Appellant. |
| Court | Utah Supreme Court |
Robert Ryberg of Ryberg & McCoy, Salt Lake City, for defendant and appellant.
David B. Boyce, Salt Lake City, for plaintiff and respondent.
Defendant Elwood G. Norris appeals from two orders of the District Court ordering that plaintiff was entitled to all of the funds in a joint checking account garnished by plaintiff, and that a reissued Writ of Execution was valid. Affirmed. Costs are awarded to plaintiff.
On May 31, 1977, plaintiff obtained a judgment against both named defendants in the amount of $77,911 and subsequently caused the joint checking account of Defendant Norris and his wife, Cheryl Norris, to be garnished. Immediately thereafter, Cheryl Norris, not a party to this action, filed a motion claiming that one-half of the funds in the checking account was her property and seeking its release to her.
The District Court denied the motion on the grounds that Section 75-6-103, Utah Code Annotated, 1953, as amended in 1975, allowed garnishment of the account. Defendant Elwood Norris appealed in two cases, which were consolidated, and raised the two matters discussed infra.
Plaintiff does not question, in its brief or in oral argument, defendant's standing to appeal the denial of his wife's motion, but, as lack of standing is jurisdictional, we raise that issue now, Sua sponte. We perceive no basis on which defendant has standing to appeal denial of his wife's motion. Defendant's right to appeal stems from his interest in the funds in the checking account. However, on appeal, he claims that the funds belong, not to him, but his wife, thereby, ironically, urging the very interest which must be self-defeating to him as he has no standing to assert it.
Defendant's other point on appeal where he enjoys standing, concerns a reissued Writ of Execution. A Writ of Execution was properly issued by the Clerk of the Court on August 11, 1977. When the Sheriff was unable to levy on enough property to satisfy plaintiff's judgment within the sixty day life of the Writ, he returned it to the Clerk of the Court, who reissued it by striking out the month "August" as the issuing date and inserting in its place the month "October." The filing fee of $2.50 was not paid for the reissuance of the writ. The Sheriff then executed upon and sold defendant...
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...1986); Utah Restaurant Association v. Davis County Board of Health, 709 P.2d 1159, 1160 (Utah 1985); Heath Tecna Corp. v. Sound Systems International, Inc., 588 P.2d 169, 170 (Utah 1978). It was only after this Court raised, sua sponte, the question of whether the Society had standing that ......
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...to those disputes which are most efficiently and effectively resolved through the judicial process."). 10 Heath Tecna Corp. v. Sound Sys. Int'l, Inc., 588 P.2d 169, 170 (Utah 1978). 11 Utah R. Civ. P. 12(b) ("Every defense, in law or fact, to claim for relief in any pleading, whether a clai......
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...sua sponte. Utah Restaurant Association v. Davis County Board of Health, Utah, 709 P.2d 1159 (1985); Heath Tecna Corp. v. Sound Systems International, Inc., Utah, 588 P.2d 169, 170 (1978). A petitioner for extraordinary relief must have standing, just as any other litigant must have. See, e......
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...and that a lack of jurisdiction can be raised at any time by either party or by the court. See, e.g., Heath Tecna Corp. v. Sound Systems International, Inc., 588 P.2d 169, 170 (Utah 1978); Utah Restaurant Association v. Davis County, 709 P.2d 1159, 1160 (Utah 1985); Kennedy v. New Era Indus......