Two related cases consolidated on appeal: 1) 3rd-party respondents appealed a turnover order in judgment creditor's action to collect on a debt; and 2) unsuccessful bidder for the assets that were the subject of the turnover order appealed a postjudgment order denying his motion to compel judgment creditor to revoke bill of sale and issue a new bill of sale to the highest, fixed-dollar bid. As to first case: no error in court order granting turnover order without an evidentiary hearing.Bank had a judgment against Defendant, the "Kiddyland Train" was Defendant's personal property ordered to be turned over to Bank to partially satisfy its judgment, Respondents had possession of Train, and this possession occurred after citation lien attached. As to second case: court did not abuse its discretion in ordering Bank to sell Train in a commercially reasonable manner. No dispute that Bank's request that interested parties submit their best offers in writing by a sealed bid by a specified deadline, was a commercially reasonable manner. Wendt's $3500 over bid, or sharp bid, was not a valid bid, as it was not for a specific dollar amount. Thus, Bank's accepting of that bid was not just and equitable, as it unfairly preferred one bidder over another. Bank is directed to issue bill of sale to the bidder who submitted the highest specific bid.(WRIGHT, concurring; HOLDRIDGE, concurring in part and dissenting in part.)
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