Storch Engineers v. D&K Land Developers

Defendant Robert Dow brings an interlocutory appeal from a decision by the Superior Court (Temple, J.), denying his motion to quash execution and enjoin a sheriff’s sale. The question presented in this appeal is whether a judgment creditor of a general partnership can seek to satisfy a default judgment against the partnership by levying execution against the individual property of a partner who was joined in the suit and who appeared generally, but against whom judgment has not yet been rendered. We hold that the creditor may not do so, and we therefore reverse the decision of the trial court.