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Security State Bank of Hamilton v. Kimball

March 15, 2001

SECURITY STATE BANK OF HAMILTON, PLAINTIFF-APPELLANT,
v.
STANLEY B. KIMBALL, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Madison County. No. 97-LM-1439 Honorable Wendell Durr, Judge, presiding.

Justices: Honorable Clyde L. Kuehn, J. Honorable Thomas M. Welch, J., and Honorable Gordon E. Maag, J., Concur

The opinion of the court was delivered by: Justice Kuehn

Security State Bank of Hamilton (Bank) appeals from the trial court's orders of December 30, 1999, and February 9, 2000, which quashed its garnishment petition related to a Hancock County circuit court judgment it previously obtained against Stanley B. Kimball. By these orders, the trial court also released the Hancock County circuit court judgment. We reverse and remand.

This case began with an April 24, 1990, extension of a guaranty on a loan made by the Bank to Nauvoo Development, Inc. (Nauvoo), in the accumulated amount of $63,245.69. *fn1 Stanley B. Kimball pledged certain assets as collateral for this loan on behalf of Nauvoo. He also made a separate personal guaranty of the loan in the amount of $30,000.

On April 24, 1991, the Bank's efforts to secure another extension of the guaranty proved fruitless, and the Bank began gathering and liquidating the assets that Stanley B. Kimball pledged on Nauvoo's behalf. The Bank was successful in recovering $36,204.27 of the loan amount by way of this liquidation.

On March 30, 1992, the Bank filed a complaint in Hancock County circuit court against Nauvoo, Stanley B. Kimball, Violet Kimball, and Kay L. Walker, seeking to recover the deficiency. On June 1, 1995, Nauvoo, Kay L. Walker (who had also provided the Bank with a personal guaranty), and Warren Petty reached a settlement agreement with the Bank in the combined total amount of $10,000. The Bank dismissed with prejudice those counts then pending against Nauvoo and Kay L. Walker. Because Warren Petty was not a named defendant in this lawsuit, there was nothing to dismiss, and so the Bank provided him with a general release.

The case proceeded with discovery. Ultimately, the case was tried without a jury. On August 8, 1996, the trial court concluded that Stanley B. Kimball was liable for the remaining balance of $6,740.35 plus interest of $8,062.28, for a total of $14,802.63. *fn2 Judgment was not formally entered until June 26, 1996.

Stanley B. Kimball appealed this judgment to the Third District Appellate Court. On July 3, 1997, the judgment was affirmed. Security State Bank of Hamilton v. Nauvoo Development, Inc., 289 Ill. App. 3d 1148, 713 N.E.2d 837 (1997) (unpublished order under Supreme Court Rule 23 (166 Ill. 2d R. 23)).

Thereafter, the Bank sought attorney fees and expenses. The Hancock County circuit court approved this petition on July 2, 1998. An award of $13,311.02 in attorney fees and expenses was added to the previous $14,802.63 judgment, for a new total of $28,113.65.

At about the same time that the Bank filed its petition for attorney fees and expenses in the Hancock County circuit court, the Bank initiated supplemental garnishment proceedings in Madison County circuit court, the county in which Stanley B. Kimball resides and where his assets are located. The Bank filed nonwage garnishments against the Bank of Edwardsville and Southwest Illinois Campus-Southern Illinois University Credit Union (Credit Union). Stanley B. Kimball answered the nonwage garnishments and filed several motions in the Madison County circuit court. He also removed the case to federal court. In July 1998, the federal court remanded the case back to state court, and the Madison County garnishment proceedings continued. The Bank then filed amended garnishment papers, along with a citation to discover assets. Stanley B. Kimball filed more responsive pleadings and also sought an accounting from the Bank.

On August 8, 1998, the trial court entered an order releasing to the Bank $15,000, which was being held by the Bank of Edwardsville pursuant to the nonwage garnishment. The trial court also reserved ruling on the Credit Union nonwage garnishment.

Thereafter, Stanley B. Kimball filed several discovery requests, including a request for any and all documents related to the settlement the Bank made in the Hancock County circuit court case with Nauvoo, Kay L. Walker, and Warren Petty. The Bank objected to this particular request, but the trial court overruled its objection.

On January 29, 1999, the trial court ordered the release of the funds held by the Credit Union ($3,602.46) pursuant to the nonwage garnishment.

On February 26, 1999, the Bank filed a second nonwage garnishment on the Bank of Edwardsville. In answering the garnishment interrogatories, the Bank of Edwardsville indicated that it was holding $5,278 in an account bearing Stanley B. Kimball's name. Stanley B. Kimball then filed motions seeking to quash the garnishment request and to judicially release the Hancock County circuit court judgment and to order the return of previously collected funds. He argued that the Bank's ...


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