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TRUE HEART CORP. v. RIVER CITY AUTO SALES, INC.

No. 90,237

32 Kan.App. 2d 237 (2003)

82 P.3d 519

TRUE HEART CORPORATION, Plaintiff/Appellant, v. RIVER CITY AUTO SALES, INC., Defendant/Appellee, and OLD REPUBLIC SURETY COMPANY, Garnishee/Appellee.

Court of Appeals of Kansas.

Opinion filed December 24, 2003.

Attorney(s) appearing for the Case

Gail A. Jensen, of El Dorado, for appellant.

David A. Schatz and Sean P. Hamer, of Levy and Craig, of Kansas City, Missouri, for garnishee/appellee Old Republic Surety Company.

No appearance for appellee River City Auto Sales, Inc.

Before RULON, C.J., GREEN, J., and STEPHEN D. HILL, District Judge, assigned.

RULON, C.J.:

Plaintiff True Heart Corporation appeals the district court's order to quash its request for a nonwage garnishment against the defendant, River City Auto Sales, Inc., and its surety, Old Republic Surety Co. The plaintiff contends the district court improperly denied recovery under the bond and that the district court committed error in refusing to award attorney fees. We affirm.

The facts of this case are essentially undisputed. In November 1995...

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