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CAREY v. SOUCY

No. 1 CA-CV 17-0533.

431 P.3d 1200 (2018)

803 Ariz. Adv. Rep. 6

Dan CAREY, Plaintiff/Judgment Creditor/Appellee, v. Gary SOUCY, et al., Defendant/Judgment Debtor/Appellant, XYZED LLC, Intervenor/Appellant.

Court of Appeals of Arizona, Division 1.

FILED October 30, 2018.

Attorney(s) appearing for the Case

Udall Shumway PLC, Mesa, By Joel E. Sannes , Counsel for Plaintiff/Judgment Creditor/Appellee.

Baker & Baker, Phoenix, By Thomas M. Baker , Counsel for Defendant/Judgment Debtor/Appellant and Intervenor/Appellant.

Judge Lawrence F. Winthrop delivered the opinion of the Court, in which Presiding Judge Jennifer M. Perkins and Judge Jon W. Thompson joined.

OPINION

¶ 1 In this garnishment proceeding, the judgment debtor requested a jury trial on the validity of an assignment to funds that the judgment creditor claimed was a fraudulent transfer. We hold that, under these circumstances, there is no right to a jury trial in garnishment proceedings with respect to whether...

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