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ATKINS v. MARKS

No. M2006-02514-COA-R3-CV.

288 S.W.3d 356 (2008)

John Mark ATKINS, surviving spouse and next of kin of Victoria H. Atkins, Deceased, and as parent of Lauren Atkins, et al. v. Robert Clive MARKS.

Court of Appeals of Tennessee, at Nashville.

June 11, 2008.

Order on Denial of Rehearing July 15, 2008.

Application for Permission to Appeal Denied by Supreme Court February 2, 2009.

Attorney(s) appearing for the Case

Robert C. Marks, pro se.

F. Evans Harvill and Michael W. Dale, Clarksville, Tennessee, and Mart G. Fendley, Clarksville, Tennessee, for the appellee, John Mark Atkins.

OPINION

DAVID R. FARMER, J., delivered the opinion of the court, in which ALAN E. HIGHERS, P.J., W.S., and HOLLY M. KIRBY, J., joined.

This is an appeal from a post-judgment collection proceeding in which the judgment creditor sought to subject the assets of three trusts, of which the judgment debtor was a beneficiary and trustee, to satisfy a default judgment. The trial court found that the trusts were passive or dry and that the legal and equitable estates...

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