Caplan v. Sullivan

Timothy S. Sullivan appeals the trial court's denial of his motion to quash a writ of garnishment served on his employer. He contends that his earnings are community property, not subject to garnishment for a separate tort committed by him prior to his marriage. He also seeks attorney fees and costs incurred at trial and attorney fees incurred on appeal. We reverse, award reasonable attorney fees incurred on appeal and remand to the trial court to determine reasonable attorney fees and costs incurred at the trial level.

The facts in this case are not disputed upon appeal. Timothy Sullivan…