No. 1 CA-CIV 4322.

125 Ariz. 598 (1980)

611 P.2d 951

Michiko HOSOGAI, a surviving widow, Individually and on behalf of the surviving children of Fukuo Hosogai, deceased, Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Garnishee/Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied May 19, 1980.

Review Denied June 3, 1980.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by John H. Westover, P. Michael Whipple, Phoenix, for garnishee/defendant-appellant.

Robert J. Welliever, Phoenix, and Ben J. Martin, Scottsdale, for plaintiff-appellee.


FROEB, Presiding Judge.

At issue in this appeal is whether a garnishment judgment is valid if a prior judgment upon which the garnishment action was based has been reversed.

The prior judgment was an action for the wrongful death of Fukuo Hosogai, husband of Michiko Hosogai, appellee here (Hosogai). The deceased was a passenger in an automobile driven by Hiroshi Kadota, defendant in the original action and a resident of Japan. Kadota was insured...

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