Daniel v. Department of Transportation & Development

COLE, Judge.

The issue presented by this motion to dismiss is whether a garnishee who admits having funds of the debtor “in retainage” is entitled to an appeal from the garnishment judgment or whether his answers to the interrogatories are equivalent to a confession of judgment so as to preclude appeal.

The pertinent interrogatories propounded by the mover (plaintiff in the main demand) and answered by the garnishee, Department of Transportation and Development (DOTD) are as follows:

“INTERROGATORY NO. 1: Do you have under your control directly or indirectly, any money, rights, credits or other…