Clark NMSD, LLC v. Goldstein

The Supreme Court held that a third-party entity in a post-judgment collection action has party standing to appeal from an order of the district court resolving its petition to return property levied pursuant to a writ of execution.

Jennifer Goldstein obtained a judgment against NuVeda, LLC for over $2.5 million. In post-judgment collection proceedings, Goldstein had a writ of execution serviced on Clark NMSD, LLC, and cash was seized. Clark NMSD filed a third-party claimant petition, which NuVeda joined, seeking return of the seized cash and requesting that Goldstein be prohibited from further collection activity. The district court denied the petition. Goldstein then filed a motion to dismiss, arguing that because Clark NMSD was not a party to the proceedings below it had not standing to appeal. The Supreme Court denied the motion, holding that Clark NMSD had party standing to challenge the district court's order, and the Supreme Court had jurisdiction over this appeal.