07/16/2019 — TJ2016004386 ABEL, LARRY ALLAN 07/16/2019 HONORABLE LINDSAY P. ABRAMSON View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
07/22/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2016-004386
07/16/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDSAY P. ABRAMSON
A. Aycock
Deputy
CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN
v.
LARRY ALLAN ABEL
LARRY ALLAN ABEL
10918 E SUTHERLAND WY
SCOTTSDALE AZ 85262-4673
COMM. ABRAMSON
MINUTE ENTRY
The Court has received Judgment Creditor’s Application for Amount of Attorney Fees
incurred Post-Judgment, Pre-Garnishment.
On April 4, 2019 the Arizona Court of Appeals issued its opinion in Ironwood Commons
Community Homeowners Association, Inc. v. Randall. In the opinion, the Court held that
“because A.R.S. § 12-1598.07(E) is the exclusive means by which attorneys’ fees may be
granted in a proceeding to garnish earnings, the trial court erred by awarding Ironwood
attorneys’ fees related to the garnishment proceeding. As shown in its affidavit, Ironwood
requested attorneys’ fees for tasks related to general collection efforts, such as“pursu[ing] [the]
transcript of judgment” and preparing the judgment renewal. But it also requested fees for tasks
related to the garnishment proceeding, such as obtaining the debtor’s employment information.
See A.R.S. § 12-1598.03(A)(4) (providing that the judgment creditor must file an application to
obtain a writ of garnishment stating, inter alia, “[t]hat the garnishee is believed to be an employer
of the judgment debtor”). Though Ironwood argues the fees sought did not include any fees for
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2016-004386
07/16/2019
Docket Code 023
Form V000A
Page 2
preparation of garnishment documents, if the fees relate to preparing for the garnishment
proceeding, they are recoverable only under A.R.S. § 12-1598.07(E).”
The application for attorneys’ fees contains entries related to employment searches.
IT IS ORDERED that Judgment Creditor file, by August 16, 2019, either 1) an affidavit
confirming that the Application complies with this new opinion or 2) file an amended
application.
09/03/2019 — TJ2016004386 ABEL, LARRY ALLAN 09/03/2019 HONORABLE LINDSAY P. ABRAMSON View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/04/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2016-004386
09/03/2019
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDSAY P. ABRAMSON
C. Inmon
Deputy
CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
JEFFREY B CORBEN
v.
LARRY ALLAN ABEL
LARRY ALLAN ABEL
10918 E SUTHERLAND WY
SCOTTSDALE AZ 85262-4673
COMM. ABRAMSON
MINUTE ENTRY
IT IS ORDERED approving and settling formal written Amended Order for Amount of
Attorney Fees signed by the Court on August 30, 2019 and filed (entered) by the Clerk on
September 3, 2019.
Please note: The court has signed a paper copy of the order which was originally provided
electronically. After the order has been scanned and docketed by the Clerk of Court, copies of this
order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
