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IN RE DIAFOS

No. 47437-5-I.

37 P.3d 304 (2001)

In re Nick Peter DIAFOS, Debtor. Robert W. Ryan, Respondent, v. Nick P. Diafos, and the marital community comprised of Nick P. Diafos and Jane Doe Diafos, Appellants.

Court of Appeals of Washington, Division 1.

December 31, 2001.

Attorney(s) appearing for the Case

John Mele, Ryan Swanson & Cleveland, Seattle, for Appellants.

Guy Beckett, Seattle, for Respondent.

BAKER, J.

Nick Diafos appeals an order of garnishment in favor of Robert Ryan on a judgment arising out of the parties' settlement of an adversary proceeding in Diafos' bankruptcy. Ryan cross-appeals an order quashing his garnishment of the bank account of Diafos' wife. Because the adversary action sounded in tort, we hold that the judgment is a tort judgment, allowing Ryan to collect against Diafos' one-half interest in any personal community property of Diafos'...

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