01-2437 Sann, et al. v. Badger Care-A-Vans Inc., et al.

By: dmc-admin//April 1, 2002//

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Karen Sann appeals a judgment dismissing her garnishment action against Badger Care-A-Vans, Inc., and denying her motion to appoint a receiver. Sann seeks these supplemental remedies to satisfy a judgment entitling her to a worker’s compensation award from Badger. Sann argues that she may garnish Badger’s accounts receivable even though Badger has a security agreement with its bank. She also argues that she is entitled to the appointment of a receiver to aid in the collection of the judgment.

We conclude that the trial court did not have the discretion to deny Sann the right to file a garnishment action. Further, the court rested its decision not to appoint a receiver on an erroneous application of the law.

We therefore reverse the judgment and remand with directions.

This opinion will not be published.

Dist III, Marathon County, Thums, J., Per Curiam

Attorneys:

For Appellant: James B. Connell, Wausau

For Respondent: Mark A. Sauer, Wausau

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