Quander v. Dow
Docket: No. 97-FM-1770
Court: District of Columbia Court of Appeals; December 23, 1998; District Of Columbia; State Supreme Court
The trial court dismissed a claim regarding the ownership of funds in a bank account attached by Kristy Dow in execution of a consent judgment against Peter M. Quander. The appellate court found this dismissal premature and remanded for further proceedings. Dow had agreed to waive common law marriage claims against Quander in exchange for $50,000, documented in a Consent Order, which stipulated that failure to pay installments would lead to a confessed judgment. After Quander defaulted, Dow sought to attach funds from his bank account, claiming $56,000. Christopher D. Quander, asserting the funds were held in trust for his education, contested this attachment. The trial court ordered the bank to disburse funds to Dow without addressing Christopher's claim, stating that ownership was not at issue. The appellate court ruled that the trial court erred in dismissing Christopher's claim based solely on his answer, stating that an ownership determination could not be made without further proceedings. The court highlighted that trust relationships and ownership need to be established before determining if the funds can be reached by a judgment creditor. The appellate court did not take a position on whether a formal trust instrument was necessary and noted the possibility of summary judgment if Christopher's proof did not create a factual dispute regarding ownership. The court vacated the trial court's order and remanded for further proceedings.