The plaintiff law firm brought a motion seeking an order to hold back $7,000 from the proceeds of the sale of the defendant's house to secure a potential judgment for unpaid legal fees.
The court dismissed the motion, finding no statutory authority to order execution before judgment in these circumstances.
Furthermore, the court held that even if the motion were treated as a request for a Mareva injunction, the plaintiff failed to establish a strong prima facie case or provide evidence that the defendant intended to dissipate assets.
