The opinion
IN THE COURT OF APPEALS
AT KNOXVILLE
FILED
November 23, 1998
Cecil Crowson, Jr.
Appellate Court
Clerk
C. M. REAGAN ) HAMILTON COUNTY
) 03A01-9805-CH-00173
Plaintiff-Appellee )
)
)
v. )
) HON. R. VANN OWENS,
) CHANCELLOR
TROY MALONE, SANDRA MALONE )
and DAN CONNELLY )
) AFFIRMED AS MODIFIED
Defendants-Appellants ) and REMANDED
MARVIN BERKE OF CHATTANOOGA FOR APPELLANT DAN CONNELLY
SCOTT N. BROWN, JR., and SCOTT A. MILLER OF CHATTANOOGA FOR APPELLEE
OPINION
Goddard, P.J.
This is an appeal by Dan Connelly from an order entered by the Chancellor
pursuant to a motion by C. M. Reagan, seeking to discover assets of Mr. Connelly for the
purpose of satisfying a judgment rendered in Mr. Reagan’s favor.
Because the Chancellor was of the opinion that Mr. Connelly was not honoring
previous orders to produce documents, he entered an order (see appendix), which is the subject of
this appeal.
During oral argument in this Court, counsel for Mr. Reagan conceded that he had
received all the necessary information addressed by the Chancellor’s order, except the bank
records from the Northwest Georgia Bank.
Counsel for Mr. Connelly conceded that he and his client would have no objection
to counsel for Mr. Reagan examining the Georgia bank records provided counsel for Mr.
Connelly could be present when they were examined.
In light of the concessions on both sides, the Court vacates the order previously
entered by the Chancellor, except that part of the order relating to the Georgia Bank, which will
remain in full force and effect, provided counsel for Mr. Connelly has the opportunity to be
present when any bank records are examined.
For the foregoing reasons the judgment of the Trial Court, as modified, is
affirmed and the cause remanded for such proceedings, if any, as may be necessary and
collection of costs below. Costs of appeal, as are costs below, are adjudged one-half against Mr.
Reagan and one-half against Mr. Connelly.
_______________________________
Houston M. Goddard, P.J.
CONCUR:
________________________________
Herschel P. Franks, J.
2
(Not Participating)
Don T. McMurray, J.
3