North River Insurance Co. v. Overton

The North River Insurance Company (“North River”), the garnishee in this garnishment action, appeals from a summary judgment in favor of Allen M. Overton and Cindy Waldrop, the garnishors. Overton and Waldrop seek to apply the proceeds of an insurance policy issued by North River to default judgments obtained in a previous action against North River’s insured, Prince Family Housing, Inc. (“Prince”), and Prince’s employee, Michelle Brown. We reverse and remand.

Facts and Procedural History

This is the second time this litigation has come before this Court. In Ex parte Overton, 985 So.2d 423…