In Re Marriage of Finnell

The sole issue on appeal is whether the trial court erred in denying the third party claim of appellant, James J. Marin, to an automobile.

Background

On July 18, 1981, the judgment debtor, Paul Harwood Finnell, married Teri Lynn Bays Finnell. A few months later, the parties separated. On November 4, 1982, Mrs. Finnell filed an amended petition for dissolution of marriage and was granted attorney’s fees of $1,980.70. Shortly thereafter, a final judgment of dissolution was entered.

On July 15, 1983, Mr. Finnell sold appellant a BMW automobile for cash. Appellant was given a bill of sale, which read in relevant part as follows: “That in consideration of Four Thousand Dollars ($4,000.) to me in hand paid by James Marin the receipt of which is hereby acknowledged, I, Paul H. Finnell ... do bargain, sell, and convey to the said James Marin one automobile, as is. . . The receipt identified the make, model and license number of the car and warranted it “against any lawful claims and demands of all and every persons whatsoever.” The bill of sale was dated and signed by Mr. Finnell. Marin’s wife, Bernadette Marin, also signed the document as a witness. In addition to the bill of…