Participated In The Case of Jones v. Greene, App. No. 01A01-9505-Ch-00187 (Tenn.

Opinion

IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

THURSTON ANDREW HELMS, ) ) Plaintiff/Appellant, ) ) Davidson Chancery ) No. 92-3515-I VS. ) ) Appeal No. ) 01-A-01-9505-CH-00194 MICHAEL C. GREENE, ) COMMISSIONER, TENNESSEE ) DEPARTMENT OF SAFETY, ) ) FILED Defendant/Appellee. ) January 31, 1997

PARTIAL DISSENTING OPINION Cecil W. Crowson Appellate Court Clerk

I concur in the result reached in this case, but continue to be troubled

by the question of the appellant’s right to a jury trial. Since my two colleagues

participated in the case of Jones v. Greene, App. No. 01-A-01-9505-CH-00187 (Tenn.

App. Dec. 4, 1996), which decided this issue contrary to the appellant’s position, I will

not press the issue here. But, I decline to join Part III of the majority opinion.

_______________________________ BEN H. CANTRELL, JUDGE