Rhea v. Park

365 S.W.2d 765, 211 Tenn. 589, 15 McCanless 589, 1963 Tenn. LEXIS 382
CourtTennessee Supreme Court
DecidedApril 3, 1963
StatusPublished
Cited by4 cases

This text of 365 S.W.2d 765 (Rhea v. Park) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhea v. Park, 365 S.W.2d 765, 211 Tenn. 589, 15 McCanless 589, 1963 Tenn. LEXIS 382 (Tenn. 1963).

Opinion

Me. Justice White

delivered the opinion of the Court.

The Chancellor heard this case on bill and answer. The facts in the answer were considered as true.

It appears that Franklin Park, an attorney practicing his profession in Jefferson City, Tennessee, represented Robert J. Rhea in an action to collect the benefits due him under the Tennessee Compensation Act. An order was entered in that case in favor of Rhea and against his employer finding that he had suffered a permanent partial disability of fifty (50%) per cent to the body as a whole and he was awarded $31.28 per week for a period of two hundred (200) weeks. This award was made on July 29,1959' and said defendant, Franklin Park, was awarded twenty (20%) per cent of such sum as his fee for services rendered to Rhea in that Workmen’s Compensation Case. The weekly payments were made as directed by the Court and said attorney’s fee was paid to Mr. Park from the proceeds of said weekly payments.

To the original bill herein Franklin Park filed an answer in which he stated that he was employed by the complainant, Robert J. Rhea, to represent him in the Criminal Court for Hamblen County, Tennessee, where he was under an indictment charging murder in the first degree. Said attorney was true to his employment and represented said defendant upon the charge aforesaid in said Court and thereafter appealed his conviction to the Supreme Court of this State, where in May of 1961 the judgment of the lower Court was affirmed.

[592]*592. Prior to entering upon said employment, the said Robert J. Rhea executed an instrument in the following words and figures:

“I, Robert J. Rhea, of Hamblen County, Tennessee and being the same Robert J. Rhea who was the petitioner in the ease of Robert J. Rhea vs. Jefferson City Cabinet Company, Cause No. 3230, in the Circuit Court of Jefferson County, Tennessee, hereby sell, transfer and assign to Franklin Park, attorney of Jefferson City, Tennessee, the first $2,500 due me and paid in to the Clerk of the Circuit Court of Jefferson County, Tennessee, in the above styled ease, and I hereby direct P. L. Chambers to pay this money over to Franklin Park, this amount being in full for services to be rendered by Franklin Park in the murder case I now have pending in the Criminal Court in Hamblen County, Tennessee, wherein I am charged with murder in the first degree. This, the 25th day of May, 1960.
/s/ Robert J. Rhea”

In the original bill the complainant, Robert J. Rhea, who is now confined in the State Penitentiary, and his wife, Mrs. Robert J. Rhea, commenced this action to enjoin the defendant, Franklin Park, from collecting any funds under the instrument aforesaid and to enjoin P. L. Chambers, the Clerk of the Circuit Court from paying to the said Park any such funds in recognition of said agreement. The Court was also asked to declare such agreement to be null and void and further that the defendant, Franklin Park, be required to repay all funds which he has received by virtue of said instrument.

The answer of the Clerk, P. L. Chambers, shows that as of July 5, 1961, there had been paid over to the said [593]*593Franklin Park the snm of $986.00 under and by virtue of said agreement, and that as of said date there was in the hands of said Clerk the sum of $625.60 which had come into his hands by reason of said original judgment under the Workmen’s Compensation Act and which had not been turned over to Franklin Park, and which were being held by the Clerk subject to further orders of the Court.

The Chancellor in his memorandum opinion found that Franklin Park did appear as an attorney and rendered services to Robert J. Rhea in the criminal case referred to above in which he held that the rights of a dependent of an employee to recover compensation under the Act is dependent upon a contract existing between the employer and employee. The Chancellor said:

“The dependents do not derive compensation benefits directly from the law, but rather by contract made for the dependents by the employee that upon the accidental death of the employee, occuring in the course of his employment, the dependents are to recover certain benefits free from the claim of creditors.” Poore v. Boivlin, 150 Tenn. 412, 415, 265 S.W. 671.

The Chancellor also said:

“The Court, therefore, concludes that complainant, Mrs. Robert J. Rhea, has no vested interest or right to the money paid into the Clerk of the Circuit Court for Jefferson County, Tennessee, and further that Mrs. Robert J. Rhea has no right to direct the manner in which the employee expends these funds after the same have been paid.
“Under the terms of the instrument, executed by Robert J. Rhea, the only right vested in the de[594]*594fend Franklin Park, is to receive the money therein provided after the same has been paid into the Clerk of said Court. This instrument did not vest any right in Mr. Park which he could enforce against the Jefferson City Cabinet Company or their insurance carrier, and does not purport to give any such right. If a modification of the Workmen’s Compensation judgment was in order, the insurance carrier or employer could still have modified this judgment and the defendant, Franklin Park, would have been unable to prevent such modification. ’ ’

We conclude, as did the Chancellor, that Mrs. Rhea has no vested interest or right to the money paid, or to be paid, into the registry of the Clerk of the Circuit Court of Jefferson County, Tennessee, in response to the award made to her husband as aforesaid. Consequently, she has no right to maintain the present action. However, this does not dispose of the case since the complainant, Robert J. Rhea, does have the right to contest the payment of the funds by the Clerk to the defendant.

Under the terms of the instrument executed by Robert J. Rhea, as aforesaid, there is vested in the defendant, Franklin Park, the right to receive the funds paid into the hands of the clerk upon the award theretofore made by the Court up to the amount of $2500.00. Of course, this does not confer upon him any right in the award as such or any right to maintain an action against the employer or its insurance carrier.

We agree with the Chancellor that a modification of the award could be made without the approval of Mr. Park or even against his wish. However, this is not the matter before this Court for decision at this time.

[595]*595It is the contention of the appellant that the Chancellor erred in upholding the validity of the instrument executed by Rhea, as hereinabove set out, because it violates T.C.A. sec. 50-1016 providing as follows:

“No claim for compensation under this law shall he assignable, and all compensation and claims therefor shall he exempt from claims of creditors. ’ ’

The phrase “claim for compensation” was construed hy this Court in the case of Prime v. Dunaway, 164 Tenn. 396, 50 S.W.2d 223, as covering the claim for compensation in every stage before actual payment of the award. The facts relied upon by the Court to reach this conclusion do not appear in the opinion. The Court also said, 164 Tenn. page 398, 50 S.W.2d page 223:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
365 S.W.2d 765, 211 Tenn. 589, 15 McCanless 589, 1963 Tenn. LEXIS 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhea-v-park-tenn-1963.