Brown v. Moore

BEATTY, Justice.

Kenneth Brown appeals from a partial summary judgment in favor of Gary Moore, one of two named defendants in a wrongful and/or malicious garnishment action. We reverse and remand.

Dr. Byron E. Green provided medical services to Brown’s minor daughter in January 1982. When the resulting $125 account for medical services became overdue, Dr. Green referred it to Merchants Adjustment Service, Inc. (MAS). In turn, MAS retained Gary Moore, a Fairhope attorney, to obtain payment on the delinquent account.

On August 26, 1983, Moore filed a complaint against Brown on behalf of MAS in the…