GILL et al v. HARTSHORN et al

Filing 305

ORDER denying 299 Application for Writ of Garnishment. Ordered by U.S. District Judge CLAY D LAND on 11/25/2014. (CGC)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION KAITLYN GILL, LAUREN GILL, and DANIEL VAN GASKEN, * * Plaintiffs, * vs. * LOREN GILL and ELM LEASING, LLC, Defendants. CASE NO. 4:12-CV-77 (CDL) * * O R D E R The clerk previously entered judgment in favor of Plaintiff Daniel Van Gasken and against Defendant Elm Leasing, LLC in the amount of $2,984,214.05. J., ECF No. 284; Am. J., ECF No. 288. Van Gasken filed an Application for Writ of Garnishment (ECF No. 299). to Under Georgia law, garnishment proceedings are “ancillary the original plaintiff/creditor action and determining a defendant/debtor.” debt TBF between Fin., LLC Houston, 298 Ga. App. 657, 657, 680 S.E.2d 662, 664 (2009). a v. “A garnishment proceeding is a distinct suit against a separate party, and for an entirely new cause of action. . . . It involves different parties, different issues, and a different cause of action; it requires a special place on the docket, and a separate trial on the merits. . . .” at 664 (internal quotation marks omitted). Id. at 658, 680 S.E.2d Given that a garnishment proceeding under Georgia law is generally separate from the underlying action giving rise to the debt, the Court declines to grant the application unless Van Gasken demonstrates that it is properly before the Court. Van Gasken’s Application does not disclose a federal statutory basis for maintaining provide any this proceeding authority in supporting this Court and jurisdiction does over not this proceeding in this Court. The Court does, at this time, approve the Affidavit of Garnishment submitted by Van Gasken (ECF No. 299-2). See O.C.G.A. § 18-4-61(2) (stating that garnishment affidavit “may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based”). IT IS SO ORDERED, this 25th day of November, 2014. S/Clay D. Land CLAY D. LAND CHIEF U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA 2

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