Showing posts with label Walter F. Roche Jr.. Show all posts
Showing posts with label Walter F. Roche Jr.. Show all posts

Tuesday, May 26, 2020

Financial details of Glen Campbell estate likely to remain private

by Walter F. Roche Jr.

A Nashville judge has formally approved a request to excuse the executor of Glen Campbell's estate from the requirement to file a detailed annual accounting of all transactions involving estate assets.

The two-page motion approved by Davidson Probate Judge David "Randy" Kennedy had been submitted by the co-trustees of the Campbell Family Trust. It relieves Kimberly Campbell, the singer's widow, who is the executor and personal representative of the estate, from the requirement to file a detailed annual report.

Under Kennedy's order she is also relieved of the requirement to make an appearance before the court next month.

The action means that many financial details of the estate will likely remain private. This is in sharp contrast to the very public battle that emerged when Campbell's will was filed. The will specifically bars three of Campbell's children from any estate assets.

The three, Kelli, Travis and Wesley, first challenged the will but then, in the midst of negotiations, withdrew the challenge.

Glen Campbell - 2012 Grammy Awards
Campbell died in 2017 after a lengthy battle with Alzheimer's disease. According to the Davidson County Probate Clerk's office, annual accountings must include detailed financial details, even including photographs of all canceled checks.

Thus far few details of the Campbell estate's holdings have been made public.

In one filing estate lawyers disclosed that a California attorney hired to handle "complicated issues relating to entertainment law and intellectual property" was being paid over $1,050 an hour. The fee filing, however, redacted multiple details of the original billing statements.

Though a hearing had been twice scheduled for approval of those and other legal fees, the session was postponed indefinitely.

Full Article & Source:
Financial details of Glen Campbell estate likely to remain private

Monday, October 16, 2017

Sumner County Woman Wins Partial Victory

By Walter F. Roche Jr.

After a lengthy court hearing today, a Sumner county woman won a partial victory when a Davidson probate judge agreed to replace her current court appointed conservator with her brother.

Judge David "Randy" Kennedy agreed to name Alex Sherrill as the conservator of his 53-year-old sister Reba.

Reba Sherrill had been placed in a limited health care conservatorship in August based on a petition filed by attorneys for the Vanderbilt University Medical Center. The hospital said in its filing that she no longer needed acute hospital care but needed to be transferred to an appropriate facility.

Sherrill, who is a paraplegic, had originally been admitted to Vanderbilt on Aug. 8 for medical treatment.

The hospital also petition sought to have Cathryn Armistead, a Nashville attorney appointed as a temporary conservator with the power to transfer Sherrill.

Kennedy approved the petition, including the appointment of Armistead.

Interviewed today following the lengthy hearing, Sherrill said she was happy with the outcome even though her motion to have the conservatorship finally terminated was denied.

"We made a compromise," she wrote in an email.

Just after Sherrill was transferred to a Nashville nursing home under Kennedy's original order, she was brought under protest back to Vanderbilt. She has charged that she was injected with a powerful anti-psychotic drug, Haldol, to which she is allergic.

Sherrill was brought back to Vanderbilt after her newly appointed conservator filed a report with the court showing she had a substantial settlement from the accident which left her as a paraplegic.

From Vanderbilt she was transferred to a Robertson County nursing home, once again over her protests.

Attorneys involved in the litigation have not responded to requests for comment.

Full Article & Source:
Sumner County Woman Wins Partial Victory

See Also:
Woman Conserved Despite Protest

Friday, October 13, 2017

Woman Conserved Despite Protest

By Walter F. Roche Jr.

A 53-year-old woman who was placed in a temporary conservatorship at the request of attorneys for the Vanderbilt University Medical Center is fighting to keep the conservatorship from being made permanent even as she is being shuttled by ambulance from one facility to another.

Reba Sherrill, a paraplegic as a result of being hit by a car, said in an interview that she was taken from Vanderbilt to a nursing home, then back to Vanderbilt over her protests and today to a nursing facility in Robertson County.

"It's the most atrocious thing I have ever experienced," she said.

Vanderbilt Medical Center did not respond to requests for comment as did the three attorneys representing the facility.

In late August, Vanderbilt's attorneys, petitioned Davidson Probate Court to place Sherrill in a temporary healthcare conservatorship so she could be transferred to another facility.

The petition stated that Sherrill, who was admitted to Vanderbilt on Aug. 8, "no longer requires acute hospital care but instead requires admission to an appropriate facility."

She had been admitted to Vanderbilt for treatment of physical ailments.

One day after arriving at the nursing home, Richland Place in Nashville, a facility she chose, an ambulance driver appeared telling her he was going to take her for a ride.

She said she was brought back to Vanderbilt and was there for five or six day when she was transferred to The Waters at Robertson.

Between the time she went to Richland and her return to Vanderbilt, her conservator had filed a report showing she had won a substantial settlement from the accident. The conservator also moved to force the settlement money to be deposited with the court. The motion was granted.

As a result of the latest move, Sherrill said it is unlikely she will be able to attend a Wednesday hearing on the petition to make her conservatorship permanent with a lawyer, Cathryn Armistead, named in Vanderbilt's original petition to act as the overseer of her health, finances and everything else.

Her attorney has filed a motion to have the conservatorship dismissed, or in the alternative, to have her brother named as conservator. The dismissal motion states that under state law, an action for a conservatorship must be filed in the county where the person resides and Sherrill owns a home in Sumner county and she and her family have lived there for decades.

Armistead did not respond to requests for comment.

In the meantime, Sherrill said she has been dosed with a powerful anti-psychotic drug, Haldol, to which she is allergic.

She said a doctor who has been overseeing her care for years filed an affidavit confirming she should not be administered the drug. She said she already has been injected with Haldol multiple times.

Full Article & Source:
Woman Conserved Despite Protest

Wednesday, March 8, 2017

Metro Settles Conservatorship Claim

By Walter F. Roche Jr.

Metro Nashville has agreed to pay $10,000 to settle a suit filed in behalf of a ward whose assets were depleted by $157,850 thanks to a court appointed conservator now serving an 18 year jail sentence.

The suit in behalf of Donald E. Griggs charged that if the Metro Probate Clerk's Office had done its job of monitoring Griggs' conservatorship, John E. Clemmons would not have been able to steal the $157,850.

Clemmons had failed to file required annual reports, but the clerk took no action. March 2012 was the date when the first missed annual report was due.

Clemmons, 69, entered guilty pleas to charges that he stole over $1 million from estates and conservatorships in Davidson and Rutherford counties.

Paul Gontarek, who was appointed to replace Clemmons as Griggs conservatorship said that the settlement was the best course based on recent rulings in the case.

"Given the earlier court ruling, it did not make financial sense to pursue the claim against Metro," Gontarek said when asked about the settlement.

In agreeing to the settlement, Metro attorneys wrote that "the payment is not an expression or implied admission of responsibility on the part of Metro government and that the Metro government specifically denies all such claims for damages against it."

 Senior Judge Ben H. Cantrell ruled that the probate clerk could be held liable for failing to monitor Griggs case but he also concluded that Griggs could only recover amounts stolen by Clemmons after March of 2012.

"Any losses that occurred prior to that date cannot be attributed to the fault of the clerk's office," Cantrell wrote.

Cantrell also ruled against another claim filed by Gontarek in behalf of another ward on different grounds. In the case of William Link, Cantrell concluded that a statute of limitations barred any recovery.

Clemmons admitted to stealing some $500,000 of Link's assets. Clemmons had served as both a conservator and estate administrator for Link and his disabled daughter.

Gontarek is appealing the Link ruling.

Contact: wfrochejr999@gmail.com

Full Article & Source:
Metro Settles Conservatorship Claim

Thursday, February 2, 2017

Questions Surround Trip Taken by Judge, Lawyers, Women

In wake of Leigh Terry’s death, Judge Casey Moreland defends conduct in and out of court 

by Steve Cavendish & Walter Roche

By the time Metro police showed up at The Stahlman building on May 25, 2016, one of the building custodians had already been in Unit 907 to check out the smell. A complaint from a next-door neighbor about a strong odor led him inside.

What he found was the body of Leigh Terry, 34, dead from a gunshot wound to her right temple. Police would later conclude that she died May 5, based on when she was last seen as well as her cellphone records. They also reasoned, based on her internet search history, which included details about the death of Marilyn Monroe, that Terry had committed suicide.

Leigh Terry
The weekend before, Terry and two other women had been the guests of some well-known (and married) members of the Nashville legal community at a condo on Dauphin Island, Ala.: Bryan Lewis, his law partner Larry Hayes and Judge Casey Moreland. Terry, though, was sent home early from the trip after arguing with Lewis. She returned to Nashville — to an apartment leased for her by Lewis, who police files say was listed as her boyfriend and emergency contact on The Stahlman’s paperwork — and would eventually be found dead on her bed. A gun, which Lewis lent to Terry for her protection, was in her right hand.

The death, the trip and threats Terry had made about exposing the relationship between the judge and Lewis are spelled out in great detail in an investigative report into the woman's death by the Metro police department.

The trip to the Gulf Coast did not get off to a good start. Terry, the daughter of prominent Nashville surgeon Richard Terry, at first refused to go, but changed her mind following a conversation with Moreland’s friend Natalie Amos. Terry, according to the police reports, had gotten into an argument with Lewis over a withdrawal she had made from his bank account.

Lewis told police, "Leigh acted crazy and cursed people on the trip."

According to the reports, Terry argued with Lewis on the flight down, and by the time they reached Alabama, he had decided she was going home. At dinner, according to Amos’ police interview, Terry said that “she would ruin [Lewis],” something she reiterated later in texts to him, when she claimed she would “expose their relationship, Natalie’s and Casey’s.”

Judge Casey Moreland
Moreland tells the Scene that he had met Terry only a few times. Moreland was not on the plane — he and Hayes drove separately and joined up with Lewis and the two women when the plane landed. (He would later return to Nashville on Lewis' private plane.)

Lewis and Amos — the latter a former DUI defendant who appeared in Moreland’s court in 2014 — took Terry to the Homewood Suites hotel in Mobile. Lewis paid for her room and threw several $100 bills to her, and he and Amos left, according to the report, which included a written account from the hotel clerk on duty when Terry was checked in.

Lewis would later tell police he did not believe Terry's threats were serious. He also described Terry in one interview with police as “a friend with benefits.”

Terry contacted a friend in Nashville, Brian Pesterfield, who flew down in his private plane, picked her up and brought her back to Nashville. Pesterfield told police that Terry said she “got out of a DUI by sleeping with Judge Casey Moreland.” The Scene could not independently verify whether the charge was true.

When asked if he had ever had sex with Terry, Moreland says, “I fully reject and deny any personal relationship with Leigh Terry whatsoever.”

There is some disagreement over the origin of the trip. Moreland tells the Scene that he thought it was supposed to be a fishing trip with Lewis and other guys and didn’t realize the women would be coming. Amos told police in an interview that she and Moreland “originally started the discussion about having the Alabama trip” and that she didn’t realize “other people were going to come on the trip.”

Moreland denies he and Amos were there together.

“It wasn’t a weekend for me and her. That might have been her plan or Leigh Terry’s plan,” Moreland tells the Scene. “I never had an inappropriate relationship with Natalie Amos.”

Attempts to reach Lewis and Amos were unsuccessful.

When asked about Terry’s and Amos’ appearances in his court, Moreland is adamant that he recused himself from their cases.

“Because I had even a minimal acquaintance with both Ms. Terry and Ms. Amos, when their cases were assigned to my court — as a result of a process that is entirely random — I took the proper step of recusal to ensure the matters were handled in other General Sessions Courts,” Moreland says to the Scene in a separate statement. “At no time did I intervene on their behalf during or after judgments were rendered by the appropriate courts. There are questions from the media about my stamp and signature on case dispositions following successful completion of ordered probation — in both cases my sign off [is] administrative in nature.”

On Terry’s DUI charges, the General Sessions Court disposition form is signed by Judge John Aaron Holt and marked with a stamp from Moreland. But on at least two of Amos’ disposition forms from May 14, 2014, the signature line carries Judge Moreland’s trademark capital “C” signoff.

This was not the first trip that Moreland and Lewis had taken — the pair went to Costa Rica together in 2013, according to images on Moreland’s Facebook page. But it’s their relationship in and out of the courtroom that has drawn scrutiny.

Lewis is scheduled for a three-day hearing beginning Feb. 13 before the state Board of Professional Responsibility on charges that he improperly sought and got Moreland's assistance in gaining the early release of developer David Chase from a mandatory 12-hour hold. Chase had been arrested on suspicion of domestic violence.

The official complaint charges that Lewis attempted to influence a judge by improper means, had an ex parte contact with the judge and assisted the judge in the violation of the code of judicial conduct. The complaint notes that Moreland was publicly reprimanded for his actions in releasing Chase before the mandatory 12-hour hold.

The Metro Nashville Police Department would not confirm or deny whether they had forwarded Terry’s allegation to the TBI, FBI or the Board of Judicial Conduct. In similar cases, MNPD spokesman Don Aaron says, the department has shared information from investigations with other agencies. He also says the department never directly asked Moreland if he had sex with Terry.

“The primary investigation for the police department was the death of Leigh Terry,” Aaron says.

“There are other issues, obviously, that are documented in the file, that the Nashville police department has not investigated.”

Terry's decomposing body was brought from her apartment on May 25 to the state medical examiner's office, which would eventually concur in the suicide finding. In September, MNPD received a bloodstain analysis from the crime lab, which concluded that the evidence did not suggest “anyone else was present in close proximity of the victim when the shot was fired.”

Metro police officially ruled the death a suicide and closed the case on Oct. 31.

Full Article & Source:
Questions Surround Trip Taken by Judge, Lawyers, Women

Tuesday, October 4, 2016

Judge Bars Estate Recovery From Metro

By Walter F. Roche Jr.

A senior Nashville judge has dismissed a $515,907 claim against Metro Nashville government filed in behalf of the estate of a man whose assets were depleted by $771,009 thanks to the lawyer appointed to oversee his case.

In a three-page ruling Judge Ben H. Cantrell concluded that the claim filed in behalf of the estate of William Link had to be disallowed because it was not filed until long after a one-year statute of limitations had expired.

Cantrell concluded that the one-year limit did not only apply to wrongful death cases as the lawyers for Link had argued.

"The plaintiff's argument is appealing, especially in this case, but the court thinks the Supreme Court did not limit their decision to wrongful death cases," Cantrell wrote in the three page decision.

John E. Clemmons
The Link estate was one of four cases in which now jailed and disbarred attorney John E. Clemmons stole over $1 million from estates and conservatorships he was overseeing. Clemmons, 69, is now serving an 18-year prison sentence after pleading guilty in all four cases.

Lawyers for Link had argued that if Davidson Probate Court officials had done their job  and required Clemmons to file mandatory annual accountings, the thefts would have been prevented. According to court filings Clemmons, who was appointed administrator in March of 2003, filed one annual accounting on Sept. 15, 2004.

Cantrell did not dispute that conclusion and also pointed out that court officials approved a series of fee requests submitted by Clemmons up through 2012 "despite the lack of accounting."

Paul Gontarek, who replaced Clemmons as the administrator, said Monday they were reviewing the ruling to determine what if any further action to take.

Cantrell has yet to rule in a similar case in which Gontarek is seeking to recover $157,050 from Metro for Donald Griggs who had his conservatorship overseen by Clemmons.  Arguments in the Griggs case paralleled those on the Link case.

In his ruling Cantrell concluded "that the claims against Metro in this case are barred by the one-year statute of limitations."

Gontarek, meanwhile, is pursuing a claim against Clemmons' malpractice insurance carrier, but lawyers for the company have asked a federal judge to bar any claim because the policy does not apply to criminal conduct.

Probate Judge David "Randy" Kennedy, who appointed Gontarek to replace Clemmons, recently approved fees and expenses for Gontarek and Patrick Mason totaling a little over $35,000. Mason was hired to pursue the claims against Metro.

Contact: wfrochejr999@gmail.com

Full Article & Source:
Judge Bars Estate Recovery From Metro

Monday, June 27, 2016

Tate's Royalties Paid to Court



By Walter F. Roche Jr.

Royalties totaling more than $13,000 earned by singer songwriter Danny Tate have been sent to a Nashville court under a garnishment order obtained by his one time lawyer.

BMI (Broadcast Music, Inc), sent two checks, one for $13,078.09 and the other for $119.99, last week to the clerk of the Davidson Circuit Court under the terms of a garnishment order issued in favor of Nashville attorney Michael Hoskins.

Hoskins represented Tate in his efforts to get out of a court ordered conservatorship and the attorney is now collecting the the balance of the fees he charged for the effort.

Hoskins has declined to comment on the issue.

Tate said the second smaller check was actually earned by a company he set up for his publishing royalties and should not have been subject to the garnishment order. He said overall his royalties "have dwindled to a fraction of what they used to be."

He said it appears that the payments made to the court cover three quarters of a year beginning in 2015.

Tate has been earning royalties on such songs as "Affair of the Heart," "Born with a Broken Heart" and "Dark Side of Love."

The garnishment order had been put on hold after Tate filed for bankruptcy in federal court in Kentucky. That case, however, was dismissed on Hoskins' motion, thus releasing the automatic hold on the garnishment order.

Hoskins already collected part of this fee when he purchased Tate's former Belle Meade home at a court ordered auction for $120,000. The proceeds were split between Hoskins and another attorney who had worked on Tate's case.

Tate has disputed Hoskins billings, but the courts have upheld Hoskins position.

Tate's former 3 bedroom home at 5909 Old Harding Pike in Nashville is now on sale for $589,900, down from the original $649,000 asking price.

Contact: wfrochejr999@gmail.com

Full Article & Source:
Tate's Royalties Paid to Court

See Also:
Danny Tate

Danny Tate's Home Auctioned Off --- to his Former Lawyer!

BoomersBewareOfConservatorshipAbuse

Wednesday, May 25, 2016

Tate Facing Loss of Royalties Following Bankruptcy Dismissal


By Walter F. Roche Jr.

A federal judge has dismissed the bankruptcy case filed by Nashville songwriter Danny Tate and the Nashville attorney who once represented him is moving ahead in a Tennessee court to attach the musician's royalties.

Court records show Tate's bankruptcy was dismissed last week by a Kentucky Bankruptcy judge following a hearing which Tate said he had been told was canceled.

The dismissal cleared the way for attorney Michael G. Hoskins to renew his bid to collect Tate's royalties to pay off legal bills incurred when Tate was trying to get released from a court ordered conservatorship.

Tate said he was not at the Thursday bankruptcy court session because he received a phone call from a federal bankruptcy trustee's office informing him that the May 19 hearing had been postponed until next month.

"Somebody didn't want me at that hearing," Tate said.

Hoskins declined to comment. In an email to Tate this week,  Hoskins said he had thrown in the trash the musician's motions to have sanctions imposed on him in the bankruptcy case.

The brief message left on Tate's voice mail last week, which Tate provided, states that the hearing could not be held Thursday because a staffer would not be able to attend for health reasons.
Tate said he had assumed the message was accurate and legitimate and did not show up for the hearing.

Immediately following the dismissal, Hoskins filed motions in Circuit Court in Nashville, Tenn. to attach Tate's royalties.

Under federal law, the claim had been put on hold when the bankruptcy was filed. According to court filings the royalties ranged from $12,000 to $20,000 per year. A circuit court judge already has denied Tate's challenge to the legality of the royalty attachments.

The actions in Kentucky and Tennessee are but the latest in a series following the granting of an emergency petition in Davidson Probate Court placing Tate in a conservatorship and stripping him of control over his finances, among other things.

Tate hired Hoskins to help him get out of the conservatorship and he was finally released in 2010.

Hoskins billed some $160,000 for his services, an amount Tate has disputed.

Tate's home was put up for auction by court orderto pay part of his conservatorship debt. Hoskins then purchased Tate's home for $120,000. Hoskins and attorney Paul Housch, who also was involved in the conservatorship battle, divvied up the proceeds.

Hoskins has put Tate's former home on the market for $614,900, down from the original asking price of $649,000.

Tate, 60, has had his songs covered by Lynryd Skynyrd, Ricky Springfield, The Oakridge Boys and Tim McGraw. He got his start when he co-wrote Affair of the Heart by Springfield.

Contact:wfrochejr999@gmail.com

Full Article & Source:
Tate Facing Loss of Royalties Following Bankruptcy Dismissal 

See Also:

Auctioning Danny Tate's Home to Pay His Court-Appointed "Protectors"

Pauper v Probate: Order for Sale of Home

Hoskins' Motion for Order of Sale

USA Today: Hoskins Quote Annotated

Jewell Tinnon's Conservatorship Lawsuit Dismissed

Monday, May 2, 2016

Songwriter's Home Up for Sale at Steep Increase


By Walter F. Roche Jr.

The Belle Meade home that songwriter Danny Tate lost in the midst of his battle to get out of a court-ordered conservatorship is now on the market for more than five times the amount his one-time lawyer paid for it in 2012.

The 3-bedroom home at 5909 Old Harding Pike is being advertised for $649,900 by local real estate agents.

Tate's one-time lawyer Michael Hoskins of Nashville purchased the home in September of 2012 at a court ordered auction. The sale had been ordered to pay off, at least in part, Tate's legal bills amassed in his years-long battle to end his conservatorship.

Michael Hoskins
Hoskins is still seeking to collect the remainder of his fees but his efforts were stalled when Tate filed for bankruptcy in federal court in Kentucky.

Hoskins and Nashville attorney Paul Housch were the only bidders at the Sept. 18, 2012 auction for Tate's house held on the steps of the Nashville courthouse. Housch was also seeking payment for legal services at the time.

Hoskins did not respond to questions about the sale.

The advertisement for Tate's former home lists its three bedrooms and 2.5 baths and a .84 acre lot.

The one-floor home has 2,801 square feet. The property is assessed for $232,100, according to Metro records.

Tate was placed in a conservatorship without his knowledge after his brother filed an emergency petition in Davidson Probate Court on Oct. 19, 2007.

Tate said he learned that his former home was up for sale when he drove by it recently and saw a for sale sign.

Tate has disputed the legal fees assessed against him during and after the conservatorship and filed a complaint against Hoskins with the state board that licenses attorneys.

Tate was one of several witnesses to testify at a series of hearings conducted by the Tennessee Bar Association on problems with the handling of conservatorships in Tennessee. The hearings led to a several amendments to the law, with many of the changes focused on emergency petitions like the one filed against Tate.

A noted songwriter, Tate has also seen the royalties from his songs tied up in litigation stemming from the conservatorship. Hoskins was seeking to attach those same royalties when the bankruptcy case was filed.

Contact:wfrochejr999@gmail.com

Davidson Assessor

GENERAL PROPERTY INFORMATION

  • Map & Parcel: 129 04 0 076.00
  • Location: 5909 OLD HARDING PIKE 
  • Current Owner: HOSKINS, MICHAEL G.
  • Mailing Address: 5909 OLD HARDING PIKE, NASHVILLE, TN 37205
  • Legal Description: LOT 1 LONGVIEW SUB
  • Tax District: USD   View Tax Record
  • Assessment Classification*: RES
  • Legal Reference: 20151001-0099719  View Deed
  • Sale Date: 09/22/2015
  • Sale Price: $0

MAP TOOLS

Full Article & Source:
Songwriter's Home Up for Sale at Steep Increase

See Also:
Danny Tate

Danny Tate's Home Auctioned Off --- to his Former Lawyer!

Monday, March 21, 2016

Arguments Set In Metro Conservatorship Case


By Walter F. Roche Jr.

After months of inaction, a Davidson Circuit Court Judge has set a date for final arguments in a suit attempting to hold Metro Nashville government liable for funds stolen from a man locked in a conservatorship.

Senior Judge Ben Cantrell has signed an order setting deadlines for filings by both sides in the case and fixing a June 10 date for final arguments in his courtroom.

The case is one of two in which a specially appointed conservator is attempting to recoup money stolen from residents placed in conservatorships in Davidson County.

Disbarred Nashville attorney John E. Clemmons is currently serving a 17 year prison sentence after pleading guilty to stealing about $1 million from four clients including Donald Griggs.

Filing the suits was Paul Gontarek, who was appointed to replace Clemmons after the thefts were discovered. The suits charge that Metro government should be held liable for the losses because officials in the Davidson Probate Clerk's office failed to properly monitor Clemmons activities after his appointment as conservator.

Gontarek is seeking to recover $157,050 for Griggs, while the claim against Metro in another pending case is $515,907.

Gontarek was appointed by Davidson Probate Judge David "Randy" Kennedy.

Under the recent order from Cantrell both sides are required to file cross motions for summary judgment by April 1. Further responses are due on May 2 and May 13 to be followed by the June hearing.

Cantrell already has rejected a Metro motion to dismiss the case.

Clemmons, once a fixture in Davidson Probate Court, began serving his lengthy prison sentence in 2014, shortly after entering his guilty pleas. According to Department of Corrections records he is due for release on Nov. 16, 2038.

The cases filed by Gontarek were assigned to Cantrell after Circuit Court Judge Thomas Brothers recused himself from the cases.

Clemmons cases and several others led to a series of public hearings across the state by the Tennessee Bar Association. Subsequently a reform proposal was submitted to the General Assembly, approved and signed into law by Gov. Bill Haslam.

Contact: wfrochejr999@gmail.com

Full Article & Source:
Arguments Set In Metro Conservatorship Case

Monday, August 24, 2015

Default Judgments Sought In Probate Cases


By Walter F. Roche Jr.

John E. Clemmons
A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashville lawyer who is serving a lengthy prison sentence.

Motions filed Friday in Davidson Probate Court charge that Clemmons misappropriated nearly $1 million in two cases.

The motions filed by Paul A. Gontarek also seek the imposition of punitive damages.

Gontarek was appointed to takeover the two cases after Clemmons entered guilty pleas to charges that he stole money from several persons while serving as a conservator.

Clemmons was sentenced to a total of 18 years in prison and is now serving out that sentence at a state correctional facility in Clifton, Tenn.

According to court filings, Clemmons admitted to stealing $771,000 from the estate of William Link and $172,506 from Donald Griggs. Clemmons had been appointed as a conservator for Griggs.

The Gontarek motion in the Link case charges that Clemmons engaged in "egregious misconduct" when he "converted the estate assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries of the estate."

In the Griggs case Gontarek noted that Clemmons, despite being served with the complaint "failed to appear, plead or otherwise defend against the complaint."

In addition to the Link and Griggs' cases, Clemmons entered guilty pleas in two other cases, one in Davidson County and the other in Rutherford.

A hearing on the motions has been scheduled for Aug. 28 at 10 a.m. before Probate Judge David "Randy" Kennedy.

Gontarek is also seeking to recover money from Metro government, charging that had court officials properly monitored the cases, Clemmons would not have been able to extract the money. Metro recently asked the court to consolidate some of those cases.

Contact:wfrochejr999@gmail.com

Full Article & Source:
Default Judgments Sought In Probate Cases