Opinion
CIVIL ACTION NO. 3:01-CV-1381-M.
September 19, 2001.
G. Hobart Miller, Attorney for the United States.
Martin L. Lowy, Attorney for Defendant Comercia Bank, Texas.
Richard G. Dafoe, Vial, Hamilton, Koch Knox, L.L.P., Dallas, Texas, Attorney for Plaintiff.
AGREED JUDGMENT
There is presently before this Court in the above captioned proceeding, the "Motion of Comerica Bank — Texas to Quash Writ of Garnishment After Judgment, Answer Subject Thereto, and Original Counterclaim for Interpleader." This matter was removed to this Court by the United States of America from the County Court at Law Number Four, Dallas County, Texas, Case No. CC-01-4817-d. The parties in this dispute are Vial, Hamilton, Koch and Knox, L.L.P. (Plaintiff), Comerica Bank — Texas (Defendant/Garnishee), and the United States of America for its agency the Internal Revenue Service (Counterclaim Defendant). The parties have now reached an agreement to resolve this matter and therefore request that the Court enter this Agreed Judgment.
The Court, upon consideration of the pleadings, the relevant documents filed in this case, the representations of counsel, the applicable law and the agreement of the parties as set forth herein, finds that this Agreed Judgment should be entered by the Court.
It is therefore ORDERED, ADJUDGED and DECREED as follows:
1. The Internal Revenue Service properly filed its Notice of Federal Tax Lien against the City of Westminster, Texas, on December 1, 1999. This lien attached to all funds owned by the City of Westminster which are on deposit with Comerica Bank — Texas. This lien takes priority over any claim made by Vial, Hamilton, Koch and Knox, L.L.P. against the City of Westminster arising out of the Final Judgment entered on February 10, 2000, in Cause No. CC-99-14028-D, in the County Court at Law Number Four, Dallas County, Texas.
2. Comerica Bank — Texas shall honor the levy served upon it by the Internal Revenue Service against the City of Westminster on or about May 17, 2001. The levy proceeds shall be paid to the United States Department of Justice, Tax Division, Attention: G. Hobart Miller, 717 N. Harwood Street, Suite 400, Dallas, Texas 75201.
3. Upon payment of the levy proceeds to the United States, Comerica Bank — Texas shall be discharged from any further liability resulting from the IRS levy, or the Writ of Garnishment After Judgment of Vial, Hamilton, Koch and Knox, L.L.P. issued on or about May 8, 2001.
4. All other relief sought in this action is DENIED with prejudice, and each party shall bear its respective costs of this litigation including attorneys' fees.