"I think I understand now why he's not a judge anymore," Williams said in response to Davies threat of a Rule 11 filing. Williams added, "I haven't done anything wrong. I'm only following the judge's order."
Williams said if Zelenik had agreed to appear for a deposition within the window set by the judge he would not have found it necessary to file the contempt motion.
Chancellor C.K. Smith upheld a court order Monday saying that the Court is not inclined to punish Zelenik for not appearing at the deposition but adds that she will make herself available for her deposition on an agreeable date after the election on August 2, 2012 and before the date of the scheduled party depositions on August 8, 2012.
Williams, the immediate past president of the Tennessee Trial Lawyers and a partner in the Lebanon firm of Lannom and Williams, said his interest in deposing Zelenik is not about politics but rather about the case he is defending.
Im a Democrat, Williams said and I dont really care who wins this Republican primary.
Black is not a party to the lawsuit and neither is Zelenik, but Blacks campaign has attempted to publicize the lawsuit by distributing press releases and affiliated documents.
Based on the order entered by Smith Monday, Zelenik will likely only face a penalty if she fails to make herself available for a deposition before Aug. 8.
The lawsuit centers on the sale of The Macon County Chronicle to a group of investors who were a part of a limited liability corporation. The Lafayette community newspaper was sold by MainStreet Media, publisher of The Wilson Post, some three years ago to the group headed by Belle and a relative, John Cook.
The buyers paid only a portion of the total selling price and defaulted on the balance owed. MainStreet Media reclaimed the newspaper and consequently sold the publication to another buyer.
Beavers and her husband Jerry Beavers filed the lawsuit against Belle claiming that the $50,000 they had given her toward the purchase of the newspaper was a loan that was to be repaid.
However, Belle says the money given by Beavers and her husband was an investment and not a loan.
Zelenik was also a participant in the company headed by Belle and Cook. Her testimony in the case is viewed as important because she has not sought to be repaid for her investment, and Williams, representing Belle, believes that Zelenik considers her financial contribution an investment.