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INDIANA SURGICAL SPECIALISTS v. GRIFFIN

No. 02A03-0608-CV-370.

867 N.E.2d 260 (2007)

INDIANA SURGICAL SPECIALISTS, Appellant-Plaintiff, v. Helen GRIFFIN and MDS Courier Service, Inc., Appellee-Garnishee-Defendant.

Court of Appeals of Indiana.

May 31, 2007.

Attorney(s) appearing for the Case

Jack E. Roebel, Fort Wayne, IN, Attorney for Appellant.

Benjamin C. Fultz, Tachau Maddox Hovious & Dickens PLC, Louisville, KY, Attorney for MDS Courier Service, Inc.

Attorney for Appellee.1

OPINION

MAY, Judge.

Indiana Surgical Services ("Indiana Surgical") appeals the small claims court's decision that the earnings Helen Griffin received as an independent contractor for MDS Courier Services ("MDS") could not be garnished. Although Griffin was an independent contractor, she received periodic payments for her personal services, which payments were earnings that could be garnished.

We reverse and remand.

FACTS AND PROCEDURAL HISTORY...

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