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Shel-Boze, Inc. v. Melton

509 So. 2d 106 (1987)

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Shel-Boze, Inc. v. Melton

Louisiana Court of Appeal
509 So. 2d 106 (1987)

  • Written by Tammy Boggs, JD

Facts

David Melton and Mildred Melton (defendant) were married. In 1983, David personally guaranteed his corporation’s indebtedness to Shel-Boze, Inc. (plaintiff). The corporation defaulted, and in 1984, Shel-Boze obtained a judgment for about $1,219, plus attorney’s fees, against the corporation and David, individually. In February 1985, Shel-Boze petitioned to garnish Mildred’s wages from Mildred’s employer. Garnishment began the following month. On May 8, 1985, Mildred petitioned for separation from David, and she subsequently obtained a judgment of separation. On the date she obtained the separation judgment, Mildred moved to dissolve the garnishment. After learning of the separation, Shel-Boze also moved to dissolve the garnishment. In early July 1985, the trial court dissolved the garnishment, required the return of Mildred’s wages garnished after May 8, 1985, and awarded Mildred damages and attorney’s fees for wrongful seizure of her wages. Shel-Boze appealed.

Rule of Law

Issue

Holding and Reasoning (Watkins, J.)

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