T & T Materials, Inc. v. Mooney

ROBERT L. Brown, Justice.

This appeal concerns the ability of a plaintiff-garnishor (T & T Materials, Inc.) to bring a separate fraud action against a garnishee (Northwest Paving Co., Inc.) and the original defendant (Willie Mooney). The trial court dismissed the separate fraud action, and the court of appeals affirmed. T &T Materials, Inc. v. Mooney, 68 Ark. App. 77, 4 S.W.3d 512 (1999). We granted review on February 3, 2000. We conclude that T & T’s remedy lay within the framework of the garnishment statutes, and we affirm the dismissal of the fraud action.

On January 6, 1997, Mooney agreed…