Villas at Corte Bella v. WestPark Corte Bella Community Assn. CA4/3

INTRODUCTION

The Villas at Corte Bella (the Villas) appeals from an order granting the motion of Westpark Corte Bella Community Association (Westpark) to recall a writ of execution and quash a notice of levy. The writ of execution had been issued to enforce a judgment entered to confirm an arbitration award. The arbitration award had required Westpark, by July 3, 2014, to open an account to cover Westpark and the Villas’ shared expenses, and to fund that account with $100,000 to cover the Villas’ balance. The trial court found that Westpark had satisfied the judgment in June 2014 by creating that account and funding it with $100,000. We conclude that the trial court correctly interpreted the meaning and scope of the judgment. A trial court has authority to recall and/or quash a writ of execution that was improvidently issued, and a writ of execution is improvidently issued if the judgment has been paid. Substantial evidence supports the trial court’s finding that Westpark had satisfied the judgment. We therefore affirm the order.

DEFICIENCIES IN THE APPELLANT’S OPENING

BRIEF AND APPELLANT’S REPLY BRIEF

Before reciting the facts, we must first determine which parts, if any, of…