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LAST v. LAST

No. C5-88-2084.

438 N.W.2d 122 (1989)

In re the Marriage of Merriam C. LAST, Petitioner, Appellant, v. Douglas A. LAST, Respondent. Edward L. WINER, et al., judgment creditors, Respondents, v. Merriam C. LAST, judgment debtor, Appellant, and Douglas A. Last, garnishee, Respondent.

Court of Appeals of Minnesota.

April 4, 1989.

Attorney(s) appearing for the Case

Constantine J. Gekas, Jack Jaycox Law Firm, Bloomington, for Merriam C. Last.

James B. Storkamp, Hastings, for Douglas A. Last.

Christopher Farwell, Mark P. Kovalchuk, Moss & Barnett, Minneapolis, for Edward L. Winer, et al.

Considered and decided by SHORT, P.J., and NIERENGARTEN and NORTON, JJ., without oral argument.

OPINION

SHORT, Judge.

Appellant argues that the trial court erred as a matter of law in determining that respondent creditors could garnish appellant's spousal maintenance in order to collect a judgment for attorney fees. Appellant further contends that maintenance payments are not earnings within the meaning of Minn.Stat. § 571.55 (1988). We disagree and affirm the trial court's decision.

FACTS...

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