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RETZKE v. LARSON

No. 1 CA-CV 89-078.

166 Ariz. 446 (1990)

803 P.2d 439

Frank J. RETZKE, Plaintiff Judgment Creditor-Appellant, v. Ray P. LARSON, Garnishee-Appellee.

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

Reconsideration Denied September 19, 1990.

Review Denied February 5, 1991.

Attorney(s) appearing for the Case

Brown & Herrick by Thomas N. Swift, Mesa, for plaintiff judgment creditor-appellant.

Owens, Rybarsyk & Nussbaum, P.C. by C.D. Owens, Jr., Michael A. Carragher, Scottsdale, for garnishee-appellee.

OPINION

GERBER, Judge.

Judgment creditor Frank J. Retzke appeals from an order dismissing his garnishment action against Ray P. Larson. The issue presented is whether a judgment creditor of a limited partnership can use a garnishment proceeding to prove and collect funds wrongfully distributed to a limited partner. We hold that Retzke is entitled to relief for reasons which follow.

FACTS

In 1978, Donald Howard and Ray Larson formed a limited...

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