McGill Restoration, Inc. v. Lion Place Condominium Ass'n
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The Supreme Court reversed in part and vacated in part the judgments of the district court in this action brought to levy execution against a condominium unit, holding that the district court erred by failing to sustain a motion to quash.
McGill Restoration, Inc. obtained a breach of contract judgment against Lion Place Condominium Association and, together with its successor-in-interest, sought and obtained two writs of execution. Both of the writs directed the county sheriff to levy execution against a condominium unit owned by Michael Henery, one of the Association's members. Henery filed motions to quash those writs, but the district court overruled the motions. The Supreme Court vacated the second writ of execution and dismissed Henery's second appeal, holding (1) the district court erred by failing to sustain Henery's motion to quash; and (2) Henery's first appeal divested the district court of jurisdiction over subsequent proceedings.
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