from the Vanderburgh Superior Court The Honorable Richard G.
D'Amour, Judge Trial Court Cause No. 82D07-1310-PL-4775
ATTORNEY FOR APPELLANT Curt J. Angermeier Evansville, Indiana
ATTORNEY FOR APPELLEES Joseph H. Harrison, Jr. Evansville,
Dennis Garner appeals from the trial court's order
denying his motion for proceedings supplemental.
We reverse and remand with instructions.
& Procedural History
In 2013, the Vanderburgh Superior Court awarded Garner a
civil judgment against Gregory Kempf in the amount of $20,
600. Garner has been unable to collect on the judgment.
On July 30, 2015, criminal charges were filed against Kempf
in an unrelated matter in Vanderburgh Superior Court, and a
$5, 000 bond was posted on Kempf's behalf. The next day,
Garner filed a motion for proceedings supplemental in the
civil case seeking to garnish the bond proceeds and naming
the Vanderburgh County Clerk (the Clerk) as a garnishee
defendant. On the same date, Garner served a copy of the
motion on the Clerk along with a letter advising the Clerk
that Garner held a lien against the bond proceeds and that
the Clerk could be held liable if it released the funds to
anyone else. Garner did not, however, file anything in the
criminal matter or otherwise give the criminal court notice
of the lien. The Clerk did not make a note of the lien on the
Chronological Case Summary (CCS) in the criminal case, and
there is no indication that the criminal court had any
knowledge of its existence. The parties do not dispute that
Garner notified Kempf of the lien. On July 31, 2015, the
civil court issued an order requiring Kempf and the Clerk to
appear at a hearing on the motion for proceedings
supplemental on August 26, 2015.
On August 13, 2015,  Kempf asked the criminal court to release
the bond proceeds to his criminal defense attorney, and
Kempf's attorney filed a written motion to that effect
the next day. The criminal court, apparently still unaware of
Garner's pending motion for proceedings supplemental,
granted the request and ordered the proceeds of the bond
released to Kempf's defense attorney on August 14, 2015.
The hearing on Garner's motion for proceedings
supplemental was subsequently reset for September 22, 2015.
At the hearing, the Clerk indicated that the bond proceeds
had been paid to Kempf's criminal defense attorney
pursuant to the criminal court's order. On September 29,
2015, the civil court entered a written order denying
Garner's motion for proceedings supplemental and
declining to enter judgment against the Clerk. Garner filed a
motion to correct error, which the trial court denied after a
hearing. This appeal ensued.
This court has set forth the standard of review applicable to
appeals from judgments regarding ...