Deborah West v. Charles Timothy West, West Quality Food Services, Inc., and Coastal Express, Inc.

Summary

The court reversed and remanded the direct appeal because the priority of interests in Tim West’s corporate stock could not be resolved without determining whether the stock certificates conspicuously disclosed the corporations’ bylaw liens; absent such disclosure, Debbie West’s 1994 contractual equitable lien has priority. It also remanded the statutory-penalty issue under Section 13-3-129 and Tim West’s unresolved retroactive child-support claim. In the consolidated appeal, the court reversed and rendered the summary judgment, holding that the separate challenge to the 2008 judgment constituted impermissible claim splitting, that the judgment remained valid because the timely garnishment proceedings tolled the limitations period, and that Tim waived the limitations defense. No separate opinions were filed.