Kaiserman Associates, Inc. v. Francis Town

977 P.2d 462, 359 Utah Adv. Rep. 49, 1998 Utah LEXIS 95, 1998 WL 901763
CourtUtah Supreme Court
DecidedDecember 29, 1998
Docket970191
StatusPublished
Cited by31 cases

This text of 977 P.2d 462 (Kaiserman Associates, Inc. v. Francis Town) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaiserman Associates, Inc. v. Francis Town, 977 P.2d 462, 359 Utah Adv. Rep. 49, 1998 Utah LEXIS 95, 1998 WL 901763 (Utah 1998).

Opinions

HOWE, Chief Justice:

Anthony R. Martineau, an attorney, appeals from the trial court’s order imposing sanctions on him pursuant to rule 11 of the Utah Rules of Civil Procedure.1 The court [463]*463held that Mr. Martineau, in obtaining a writ of garnishment against a bank in which defendant Francis Town had an account, had violated Utah Code Ann. § 63-30-22(2), which provides that “garnishment may not issue against a governmental entity.”

BACKGROUND

Plaintiff Kaiserman Associates, Inc., commenced this action against the Town to collect $2,496 it owed to Kaiserman for professional engineering services. The Town apparently failed to answer or otherwise respond to Kaiserman’s complaint and a default judgment was entered against it. The Town moved to set the default judgment aside pursuant to Utah Rules .of Civil Procedure 60(b), but the motion was denied by a written order of the court on November 25, 1996.

On November 26, 1996, Martineau obtained a writ of garnishment against the Town’s bank, Key Bank of Utah, in an attempt to collect the judgment. On or about November 30,1996, the Town mailed a check directly to Kaiserman, paying the judgment. After the check cleared, Martineau filed a satisfaction of judgment with the court. However, he neither released the garnishment nor mailed a copy of the satisfaction of the judgment to Key Bank. Thus Key Bank apparently continued to garnish the Town’s funds pursuant to the writ of garnishment even after the judgment had been satisfied.

After the judgment was paid, the Town requested a hearing pursuant to rule 64D(h) of the Utah Rules of Civil Procedure to obtain a release of the garnishment and to impose rule 11 sanctions on Martineau. It contended that the garnishment was illegal under section 63-30-22(2) and that Marti-neau had failed to make a reasonable inquiry into the existing law on garnishments in violation of Utah Rule of Civil Procedure 11. Although Martineau had notice of the rule 64D hearing on the garnishment, he did not appear. The court granted the Town’s motion to release the garnishment and set a hearing date on the Town’s request for rule 11 sanctions. At the hearing on the request for sanctions, Martineau appeared and opposed the Town’s request. He argued that he garnished the Town’s bank only because the Town had failed to pay the default judgment in a timely manner. He asserted that if the Town had paid the judgment on November 15, 1996, as its attorney had promised it would do,2 the garnishment would not have been necessary. He did not give a detailed description of his inquiry into the existing law prior to obtaining the garnishment. Although he stated in his affidavit that he had consulted the garnishment statutes and Utah Rules of Civil Procedure, he did not state which particular provisions he consulted and did not argue this fact in his written memorandum or during oral argument. He merely asserted that neither he, his co-counsel, nor another attorney he consulted with were aware of section 63-30-22(2) prior to obtaining the garnishment. The trial court imposed a $1,000 fine on him for violating rule 11 in obtaining the garnishment.

Martineau appeals, raising several assignments of error. However, because our review of the record before us and the provisions of rule 11 have disclosed another basis that is dispositive of this case, we do not reach those assignments of error. In his brief, Martineau states that a writ of garnishment is not a pleading subject to rule 11 sanctions, but he does not explain why this is so. The Town acknowledges that Martineau made an argument in the trial court that “a garnishment is not a pleading subject to rule 11, but is merely a collection process.” Ordinarily, we would not reach this issue because Martineau has failed to adequately brief it. See Rukavina, v. Triatlantic Ventures, Inc., [464]*464931 P.2d 122,125 (Utah 1997). Nevertheless, we believe that in this instance it is necessary and proper for us to address the issue. The Washington Supreme Court has stated that “[a]n appellate couyt has inherent authority to consider issues which the parties have not raised if doing so is necessary to a proper decision.” Falk v. Keene Corp., 113 Wash.2d 645, 659, 782 P.2d 974, 982 (1989) (citations omitted); see also Harris v. State Dep’t of Labor & Indus., 120 Wash.2d 461, 468, 843 P.2d 1056, 1059 (1993). We agree with this statement of law.

In our view, an overlooked, or abandoned argument should not compel an erroneous result. We should not be forced to ignore the law just because the parties have not raised or pursued obvious arguments. This is particularly so in a case like this, where the error is so obvious that we can decide the issue without briefing or argument by the parties. In light of the foregoing, we conclude that it is both necessary and proper for us to determine whether a garnishment is a “pleading, motion or other paper” subject to rule 11.

STANDARD OF REVIEW

In Barnard v. Sutliff, 846 P.2d 1229 (Utah 1992), we adopted a standard for reviewing a trial court’s rule 11 ruling. Id. at 1235. Under this approach, we review the trial court’s determination that rule 11 has or has not been violated under a correctness standard, giving no deference to the trial court’s determination but upholding the trial court’s findings of fact “unless contrary to the clear weight of the evidence.” Id. Furthermore, we use an abuse of discretion standard to review the trial court’s judgment as to the appropriateness of the sanctions. Id.

ANALYSIS

Our review of the record discloses that Martineau did not sign the writ of garnishment that was issued against the Town’s bank account. Rather, the only person who signed it was the deputy court clerk who issued it. This is in accordance with our rules of procedure because a writ of garnishment is issued by the court and not by the attorney. See Utah R. Civ. P. 64D(c). Therefore, we must decide whether rule 11 sanctions were properly imposed on Marti-neau even though he did not sign the writ of garnishment that was the basis of the sanctions.

In addressing this issue, we must first look at the text of rule 11:

The signature of an attorney or party constitutes a certification by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation_ If a pleading ... is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction....

(Emphasis added.) The plain language of this rule states that the signature of the party or attorney on a “pleading, motion or other paper” is requisite to a court’s issuance of sanctions.

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Kaiserman Associates, Inc. v. Francis Town
977 P.2d 462 (Utah Supreme Court, 1998)

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Bluebook (online)
977 P.2d 462, 359 Utah Adv. Rep. 49, 1998 Utah LEXIS 95, 1998 WL 901763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaiserman-associates-inc-v-francis-town-utah-1998.