On May 24, before a courtroom full of Danny Tate supporters and a television news team, Kennedy appeared to terminate a temporary conservatorship in place since October 2007 that gave David Tate control over his brother's person and property. In the court record, Judge Kennedy stated that David Tate was to “immediately return any and all property of Mr. Tate which is in the Temporary Conservator’s possession or under his control.” Kennedy’s ruling was designated nunc pro tunc allowing David Tate the capacity for corrective action pertaining to any transactions he conducted while acting as conservator during a 60-day period in which he has to prepare and submit an accounting.
While appearing a victory for 54-year-old Danny Tate, the "devil" truly is in the details. A proposed final order along with a series of other filings by David Tate and attorney, Paul T. Housch, within days of the proceeding seemingly contradicted the provisions and spirit of the May 24 ruling to the point of portending that all might not be as it seemed. Despite Tate attorney Michael Hoskins promptly preparing and submitting for Judge Kennedy's signature a final order reflecting the "immediate" nature of the ruling so publicly pronounced on May 24, Danny Tate learned late June 10 that the judge instead appeared to have quietly signed and filed an alternate final order prepared by Housch, the attorney hired in October 2007 by David Tate and involuntarily financed for 32 months by Danny Tate. In contrast to the May 24 ruling, the order called for the former temporary conservator to maintain functional financial control for 60 days past the "termination" date to "wind down the affairs of the Conservatorship."
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Nashville Probate Court Tags Musician Danny Tate With Conservatorship 'Freedom Tax'
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Free Danny Tate!!!
"Freedom tax"?
ReplyDeleteThat's a euphemism for "fiduciary theft"!
"Nunc pro tunc," I should think, would apply to the initial adjudication of incapacitation as being incorrect, and not have anything to do with David's after-termination control - which is gone on the termination, other than to account and turn over balance of assets.
ReplyDeleteIt's impossible to get justice when liars are permitted to sit on the bench!
ReplyDeleteIt's a real travesty and a statement that the good old boys stick together and victims stand alone.
ReplyDeleteThanks for this article.