PHILIPS NORTH AMERICA, LLC v. KPI HEALTHCARE, INC. ET AL. - Articles

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PHILIPS NORTH AMERICA, LLC v. KPI HEALTHCARE, INC. ET AL.

Posted by: Karen Belcher on Nov 16, 2023

Court: TN Court of Appeals

Attorneys 1: Tara L. Swafford and Elizabeth G. Hart, Franklin, Tennessee, Carla M. Wirtschafter, Los Angeles, California, and M. Patrick Yingling, Chicago, Illinois, for the appellant, Philips North America, LLC.

Attorneys 2: Kathryn Skagerberg and Woods Drinkwater, Nashville, Tennessee, and Jeffrey A. Greene, Franklin, Tennessee, for the appellee, Capstar Bank.

Judge(s): ARMSTRONG

To collect on its judgment, Appellant judgment creditor served a levy on Appellee garnishee bank. Judgment creditor sought to garnish an escrow account that was subject to an escrow agreement between a third-party and judgment debtor’s representative. Garnishee bank initially responded that it did not have any funds to remit. Thereafter, garnishee bank filed an amended response and enclosed a cashier’s check for $731,598.51, the amount of funds in the escrow account; the check was made payable to the Williamson County Circuit Court. A few days later, garnishee bank filed a motion to return funds deposited into the Clerk’s Office. At trial, garnishee bank argued that it was not properly served with the levy and that, even if service was proper, judgment creditor had no right to collect the funds held in the escrow account. The trial court agreed. We conclude that garnishee bank waived any objection concerning whether the levy was properly served. The trial court’s order is otherwise affirmed.

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