Harris v. Martin

COBB, Judge.

The issue on this appeal is whether discovery in aid of execution (a deposition duces tecum) against the appellant Harris, in his individual capacity, is proper where he was named as a trustee, and not as an individual party, in the pleadings and judgment below.

The appellee, Martin, obtained a deficiency judgment against “Harris as Trustee,” and is now attempting to execute that judgment against Harris individually. Martin’s theory is that his judgment is actually against Harris individually, and that the “trustee” designation in that judgment and in the pleading upon which it is…