Western Steel and Ship Repair, Inc. v. RMI, Inc.

Western Steel (plaintiff) sued RMI (defendant) for liquidated contract damages and, the same day, obtained an ex parte writ of attachment on RMI's bank funds by alleging RMI was in shaky financial condition and had refused to pay; RMI moved to quash, arguing Western failed to show probable validity of its claim and failed to sufficiently establish great or irreparable injury justifying the ex parte procedure. The trial court denied the motion to quash, and RMI appealed.

Whether a party seeking an ex parte writ of attachment must show both probable entitlement to a judgment and that great or irreparable injury would result without immediate attachment.