EMMONS v. TYRRELL

012330; A124638.

145 P.3d 252 (2006)

208 Or. App. 466

Vanessa Sue EMMONS, Appellant, v. Terry Kelly TYRRELL, Defendant, and Allstate Insurance Company, Respondent.

Court of Appeals of Oregon.

Decided October 4, 2006.


Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant. With her on the brief was Michael A. Gilbertson.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Beth Skillern, Holly E. Pettit, and Bullivant Houser Bailey PC.

Before HASELTON, Presiding Judge, and ARMSTRONG and ORTEGA, Judges.


ARMSTRONG, J.

Plaintiff appeals from a judgment in favor of garnishee in garnishee's challenge to a writ of garnishment. We conclude that, because garnishee did not have statutory standing to challenge the writ of garnishment, the trial court lacked authority to adjudicate the challenge. We vacate and remand for dismissal of the challenge.

Plaintiff brought the underlying action against defendant for damages she incurred after defendant pushed her down a short...

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