Lewis v. Whitlock, 2061092.

• Citation: 998 So.2d 473
• Decision Date: 06 June 2008
• Docket Number: 2061092.
• Parties: Joseph W. LEWIS v. Christina Y. Cherry WHITLOCK.
• Court: Alabama Court of Civil Appeals

998 So.2d 473

Joseph W. LEWIS v. Christina Y. Cherry WHITLOCK.

2061092.

Court of Civil Appeals of Alabama.

June 6, 2008.

Joseph W. Lewis, pro se.

Submitted on appellant's brief only.

BRYAN, Judge.

Joseph W. Lewis appeals a judgment entered against him in a garnishment proceeding. We reverse and remand.

On November 15, 2002, the Coffee Circuit Court entered a judgment divorcing Christina Y. Cherry Whitlock and her former husband, Wayne Cherry. Sometime after November 15, 2002, and before September 13, 2004, Whitlock instituted a contempt proceeding against Cherry in the Coffee Circuit Court. On September 13, 2004, the Coffee Circuit Court entered a default judgment against Cherry in the contempt proceeding and awarded Whitlock approximately $6,200. Cherry did not pay that judgment.

In 2005, Cherry sued Wal-Mart Stores, Inc., in the Lee Circuit Court. Lewis, an attorney, represented Cherry in that action.

In August 2006, Whitlock filed with the Coffee Circuit Court a writ of garnishment against Lewis, seeking to garnish $6,200 of the funds that Lewis had collected for Cherry in his action against Wal-Mart. Lewis contends that he was not properly served with the writ of garnishment; Whitlock contends that Lewis was properly served with the writ of garnishment.

In February 2007, Whitlock appeared in Cherry's action against Wal-Mart in the Lee Circuit Court and requested, among other things, that that court enforce the lien arising from her $6,200 judgment against the funds collected on behalf of Cherry in that action. The Lee Circuit Court held a hearing regarding the validity of Whitlock's lien in February 2007. Following that hearing, the Lee Circuit Court entered an order on March 6, 2007. In pertinent part, that order stated:

"A hearing was held regarding whether or not Mrs. Christina Whitlock had a valid lien in this matter. ... At the hearing it appeared to the Court that Mrs. Whitlock had attempted to execute on this lien by filing a garnishment in August of 2006. The garnishment was served upon Mr. Joseph Lewis Attorney for Wayne Cherry, on August 3, 2006. It should be noted the Court took a recess and a copy of the service was faxed to the Court by the Coffee County Circuit Court. Therefore, the Court is of the opinion that this lien is ... a valid lien and due to be paid from the proceeds from this law suit. The total amount to be paid is $6,294.42. This is the amount of the Coffee County Default Judgment plus the court costs associated with the garnishment.

"The Court was then informed that the proceeds of the law suit had been distributed to the Plaintiff. Therefore, the Plaintiff, Wayne Cherry, is ordered to repay $6,294.42 immediately to the Circuit Court of Lee County, Alabama. Once the Lee County Circuit [Court] receives said payment, they are to forward this sum to Mrs. Christina Whitlock, 108 Courtland Drive, Enterprise, AL, 36330. Whether or not Mrs. Whitlock can execute on the Coffee County garnishment is left to the discretion of the Coffee County Circuit Court."

(Emphasis added.)

The record is silent regarding whether Cherry paid the $6,294.42 to the Lee Circuit Court pursuant to that court's order. However, on April 3, 2007, the Coffee Circuit Court, upon the motion of Whitlock, entered an order granting Whitlock a conditional judgment against Lewis, as garnishee, in the amount of $6,200.

On April 17, 2007, Lewis filed an objection to the conditional judgment. In his objection, Lewis asserted...