Opinion
Jackson M. Seawell, Denver, for judgment creditor-appellant.
Berger, Rothstein, Gehler & Cohen P. C., David Berger, Commerce City, for defendants-appellees.
SILVERSTEIN, Chief Judge.
Philip J. Lasky, Inc. obtained a judgment in the Denver district court against Ruth Veatch, Boulder Canyon Development Corporation, and the other defendants. That judgment was paid, but was subsequently reversed by this court. Veatch v. Philip J. Lasky, Inc., 29 Colo.App. 31, 477 P.2d 468. Thereafter Philip Lasky, as an individual, purchased a judgment which had been entered against Ruth Veatch in another action in the Boulder district court. Proceeding under the judgment purchased, Lasky then garnisheed the Lasky corporation which, in its answer, admitted that it owed Veatch $3,057.25, which was the amount of the judgment originally entered and paid in this action, plus interest and costs. The Lasky corporation, as garnishee, paid that sum into the registry of the Boulder court. Thereupon the Boulder Canyon Development Corporation intervened in the garnishment proceedings, asserting that it, and not Veatch had paid the reversed judgment and that the garnisheed funds therefore belonged to it.
Following a hearing, the Boulder district court ruled that as a matter of law, 'Philip Lasky, Inc. was holding the money as a trustee for whoever paid the judgment, and that the money was wrongfully garnished by the Boulder Court.' It then ordered that the funds be transferred to the clerk of the Denver district court for return 'to whomever is entitled thereto . . . as may be ordered by the Denver District Court.' No appeal was taken from this order and the money was so transferred.
Thereafter, pursuant to a motion filed on behalf of the Boulder Canyon Development Corporation in the Denver district court, the money so deposited was ordered paid out to that corporation in partial satisfaction of the judgment, which resulted from the reversal by this court.
Philip Lasky then moved to set aside that order, claiming that he was entitled to the funds, and that he was entitled to be heard and had not been given any notice of the filing of the motion. Following a hearing, Lasky's motion was denied and he appeals from that denial.
The Boulder order became final when it was not appealed, and is binding on the parties. Sloniger v. Rains, 120 Colo. 339, 208 P.2d 941. The only interest Lasky had in the fund was as a garnishor. That interest was terminated by the order of the Boulder district court which determined that the money was wrongfully garnisheed and should be paid out pursuant to order of the Denver district court. Since Lasky has no interest in the funds and was not a party to the action in the Denver district court, he has no standing to appeal. Therefore, the appeal must be dismissed.
SMITH and RULAND, JJ., concur.