United States Ninth Circuit
Labertew v. Langemeier, 14-15879
In a garnishment proceeding arising out of an insurance settlement and assignment, the district court's judgment discharging insurers is vacated and remanded for further proceedings where: 1) the garnishment proceeding was removable, and the district court had jurisdiction; 2) there was no federal judgment in this case upon which to execute; and 3) the district court had discretion under Fed. R. Civ. P. 81(c)(2) to order repleading.
Appellate Information
- Decided
- Published 2017/01/20
Judges
- KLEINFELD
Court
- United States Ninth Circuit