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TIMMINS v. LINDSEY

No. M2009-00500-COA-R3-CV

310 S.W.3d 834 (2009)

James Gregory TIMMINS, Individually, and for the Benefit of all the Surviving Children of Janice Sue Timmins, Deceased v. Jerry LINDSEY, et al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

October 28, 2009.

Permission to Appeal Denied by Supreme Court March 15, 2010.

Published Pursuant to Tenn. R. S. Ct. 4(D).

Attorney(s) appearing for the Case

David M. Pollard, Jr., Jacksboro, Tennessee, for the appellant, James Gregory Timmins, Individually, and for the benefit of all surviving children of Janice Sue Timmins, Deceased.

Walter W. Bussart and Lee Bussart Bowles, Lewisburg, Tennessee, for the appellees, Jerry Lindsey, Gary Lindsey, Joseph Lindsey, and Mary Ann Owens.

OPINION

RICHARD H. DINKINS, J., delivered the opinion of the court, in which FRANK G. CLEMENT, JR., and ANDY D. BENNETT, JJ., joined.

Plaintiff appeals the determination of the trial court in a declaratory judgment action that the plaintiff was not entitled to any portion of settlement proceeds derived from the personal injury action of the plaintiff's deceased grandmother by operation of Tenn.Code Ann. § 20-5-111 and because of the existence of a will...

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