Default Judgments Granted in Conservatorship Cases

By Walter F. Roche Jr.

A Davidson probate judge has issued default judgments against disbarred Nashville attorney John E. Clemmons after the now imprisoned lawyer failed to respond to charges that he stole nearly $1 million from two of his clients.
Paul Gontarek, who was appointed to take over the cases from Clemmons, said that the default judgments were issued by Probate Judge David "Randy" Kennedy following a hearing late last week.
The next step, Gontarek said, will be to determine the actual damages and then try to locate any assets.
He said that will include reviewing the facts involved in the sale of two Goodlettsville properties sold by William C Link. Clemmons, court records show, has admitted to stealing some $771,009 from the Link estate.
A relative of Link's, Elaine Dismang, has raised questions about the two property sales charging that they were sold at less than their full value. She also stated that her research showed Link never actually signed the deeds relinquishing the properties.
Davidson property records show the homes at 4881 Lickton Place and 2405 Crocker Springs Road were sold by Link in April of 2000, some months before he was placed in a conservatorship.
Other records, however, show that  Clemmons, who first served as Link's conservator and then the administrator of his estate, did sell several Link properties after Link's death in early 2003.
The properties, also in Goodlettsville, were all  sold in early 2005 for prices ranging from $20,000 to $134,348.
The second default judgment was issued by Kennedy in the case of Donald E. Griggs. Clemmons has admitted to stealing $172,506.35 from Griggs while serving as Griggs conservator.
In seeking the default judgments Gontarek charged that Clemmons "failed to appear, plead or otherwise defend against the amended complaint."
The petition states that Clemmons "converted assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries."
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