Brooks v. Mejia ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
JASMINE BROOKS, No. 67794
Appellant,
vs.
MARY KATHRYN MEJIA; AND JANET FILED
OHLINGER MEJIA,
JAN 1 4 2016
Respondents.
TRACE K. LINDEMAN
CLERKS S PREME COURT
BY •• •
DEPUTY CLERK
ORDER OF AFFIRMANCE
This is an appeal from a district court order granting a claim
of exemption from judgment execution. Eighth Judicial District Court,
Clark County; Kathleen E. Delaney, Judge.
Appellant argues that the district court erred by granting
respondent Janet Ohlinger Mejia's claim for third-party exemption
because Janet failed to present admissible evidence rebutting the
presumption that funds in the joint bank account were her sole property,
not belonging to the judgment debtor Mary Kathryn Mejia, and thus not
subject to garnishment.
Having considered the parties' arguments and the record, we
perceive no abuse of discretion in the district court's consideration and
evaluation of evidence presented to trace the funds in the bank accounts.
M.C. Multi-Family Dev., L.L.C. u. Crestdale Assocs., LTD., 124 Nev. 901,
913, 193 P.3d 536, 544 (2008) (providing that decisions to admit or exclude
evidence will not be disturbed absent a showing of palpable abuse of
discretion). That evidence supports the district court's conclusion that
Janet demonstrated that the funds in the bank account belonged to her
alone as the sole beneficiary of her husband's life insurance policies and
retirement plans. Brooksby v. Nev. State Bank, 129 Nev., Adv. Op. 82, 312
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P.3d 501, 502 (2013) (recognizing that "[o]nly property owned by the
judgment debtor is subject to garnishment, and questions regarding title
to that property as between the judgment creditor and a third party are
properly determined by the court having jurisdiction under NRS 31.070");
see NRS 21.090(1)(k) (allowing life insurance exemption); NRS 21.112(10)
(providing that a non-debtor may make a claim of exemption to have
property released). In so concluding, the court found and the record
supports that the premiums for the policies and payments to the plan were
paid by sources other than Mary, and that the funds in the bank accounts
were traceable to the life insurance and retirement plan checks made
payable to and deposited by Janet alone. Brooksby, 129 Nev., Adv. Op. 82,
312 P.3d at 503 (noting that a non-debtor who holds a joint bank account
with a debtor may rebut the presumption that the funds in the joint bank
account are subject to a judgment creditor's writ of garnishment, and
recognizing that the judgment creditor is not entitled to joint bank account
funds that truly belong to the non-debtor account holder); In re
Christensen, 122 Nev. 1309, 1323, 149 P.3d 40, 49 (2006) (explaining that
exempt funds commingled with nonexempt funds retain the exempt status
"so long as tracing is possible"). Therefore, we
ORDER the judgment of the district court AFFIRMED.'
/ frewin
Hardesty
Piekuri
Saitta Pickering
'Respondents' request for NRAP 38 sanctions is denied.
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cc: Hon. Kathleen E. Delaney, District Judge
Lansford W. Levitt, Settlement Judge
Mazur & Brooks, A PLC
Law Offices of Karl Andersen
Eighth District Court Clerk
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