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B & B FLOOR COVERING v. COUNTRY VIEW

No. C6-93-343.

504 N.W.2d 272 (1993)

B & B FLOOR COVERING CO., Appellant, v. COUNTRY VIEW BUILDERS, INC., Defendant, Chicago Title Insurance Company, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied October 19, 1993.

Attorney(s) appearing for the Case

Paul E. Mattke, Jensen, Hicken, Gedde & Scott, P.A., Anoka, for B & B Floor Covering Co., appellant.

Daniel W. Voss, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for Chicago Title Insurance Company, et al., respondents.

Considered and decided by SCHUMACHER, P.J., and NORTON and FLEMING, JJ.

OPINION

NORTON, Judge.

Appellant sought to garnish loan proceeds in the hands of respondents during the closing of a real estate transaction. When respondents failed to retain the funds, appellant sued them for the garnished amount. The trial court erroneously granted summary judgment for respondents based on a subrogation theory. Minn.Stat. § 571.73, subd. 3(2) (1990) controls this case. We reverse and remand.

FACTS

John and Helen...

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