Christa A. Avenell vs. James Allen Gibson - Dissenting

Case Number
E2004-01620-COA-R3-CV

I agree with the majority opinion’s analysis until it undertakes consideration of the 1988 amendment to Tenn. Code Ann. § 45-2-703(a). As quoted in the majority opinion, the amendment states:

Any balance so created, including, without limitation, any balance held by spouses, shall be subject to assignment by, or the claim of any creditor of, either depositor, as if such depositor were the sole owner of the funds; provided that is such creditor realizes its claim by any means other than enforcement of an assignment, pledge, or the grant of a security interest made by any one (1) of such depositors, any other depositor not indebted to the creditor may, by commencing a separate action against the creditor, establish such rights as that depositor may have in the funds.

Authoring Judge
Presiding Judge Herschel Pickens Franks
Originating Judge
Chancellor Telford E. Forgerty, Jr.
Case Name
Christa A. Avenell vs. James Allen Gibson - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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