Shawn E. v. Diane S.

A substantial right is not affected until judgment is entered in a garnishment action, and therefore, a judgment debtor who unsuccessfully objects to a garnishment may not immediately appeal. After the district court overruled Appellant’s objection to a garnishment and ordered that “the garnishment may proceed,” Appellant appealed. The court of appeals dismissed the appeal, concluding that it lacked jurisdiction because there was no final order. Appellant filed a petition for further review, asserting that he appealed from a final order because the order that the garnishment “may proceed” affected a substantial right and was determined in a special proceeding. The Supreme Court disagreed, holding that the order overruling Appellant’s challenge to the garnishment did not affect a substantial right and therefore was not a final, appealable order. View "Shawn E. v. Diane S." on Justia Law