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WHITNEY v. FAULKNER

No. 20020412.

95 P.3d 270 (2004)

2004 UT 52

David C. WHITNEY, an individual; Whitney Enterprises, Inc., a Minnesota corporation; and Con-Blast, Inc., a Minnesota corporation, Plaintiffs, Appellees, and Cross-Appellants, v. Larry FAULKNER, an individual; and Roberta Beverly, an individual, Defendants, Appellants, and Cross-Appellees.

Supreme Court of Utah.

June 25, 2004.

Attorney(s) appearing for the Case

Kira M. Slawson, Salt Lake City, for plaintiffs.

Brad C. Smith, Ogden, for defendants.

WILKINS, Associate Chief Justice:

¶ 1 Defendant Larry Faulkner ("Faulkner") and his wife, Renee Faulkner ("Renee"), a garnishee, appeal the trial court's determination that Faulkner's disclaimer of an interest in a trust was ineffective and that the interest was therefore subject to garnishment. The plaintiffs, David C. Whitney, Whitney Enterprises, Inc., and Con-Blast, Inc. (collectively, "Whitney"), who have an unsatisfied judgment against Faulkner, cross-appeal...

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