# FILED
September 30, 1998 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT NASHVILLE JUNE 1998 SESSION

STATE OF TENN ESSEE, ) ) NO. 01C01-9707-CC-00247 Appellant, ) ) HICKMAN COUNTY VS. ) ) HON. HENRY DENMARK BELL, WILLIAM A

LVIN CLEMENTS, ) JUDGE ) Appellee. ) ( Especially Aggr avated Kidnaping 3 Counts, Spousal Rape)

FOR THE APPEL LEE : MIC HAEL J. F LANAG AN DALE M. QUIL LEN 95 White Bridge Road Suite 208 Nashville, TN 37205 FOR THE APPELLANT : JOHN KNOX WALKUP Attorney General and Repor ter TIM OTH Y F. B EHAN Assistant Attorney Gener al Cordell Hull Buildi ng, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JOSEPH D. BAUGH, JR. District Attorney General RONALD DA

VIS Assistant

District Attorney

General Williamson County Courthouse Suite G-6 P.O. Box 937 Franklin, TN 37065--937

OPINION FI LED:

DISMISSED
LEE MOORE, SPECIAL JUDGE2 OPINION

PROCEDURAL HISTORY

William Alvin Clements, Jr., was indicted by the Hickman County grand jury in November, 1992, wit h three (3) counts of especially aggr avated kidnaping and
one (1) count of spousal rape. H is father, William Clements, Sr., poste d a $40,000.00 cash bond to secure his son's release. The defendant w as later found guilty of the charged crimes. Hi s father assigned $12,500.00 of the cas h bond to counsel for his son. The state filed a motion to attach the cash bond andto apply it towards an $85,000.00 fine and court costs imposed by the court in this ca se . The trial cour t denied the moti on of th e state, but the st ate preva iled in its appeal to this Court. The Supreme Cour t later reversed the C

ourt of Criminal Appeals on breach of contract grounds and rei nstated the judgment of the trial cour t. See State
v. Clements , 925 S.W.2d 224 (Tenn. 1996). On July 13, 1996, c ounsel for defendant i n this case moved the trial court for an order directi ng the Hickman County Court Clerk to pay post-judgment interest on the wrongfully w ithheld funds in accordance with T.C.A. § 47-14-121. The trial court ordered Hickman County to pay $13,023.30 in interest to William Clements, Sr., Dale Q uille n and Michael Flanagan. The state, thereafter, filed a timely notice of appeal.

Th e only issue for revi ew in this case is w hether or not the tr ial court ha d authority to order Hickman County to pay interest for wr

ongfully withholdi ng funds in a breach of contract dispute. D uring oral argument, it came to the Court's attention that the $13,023.30 interest that was the s ubject of this appeal had already been paid by Hickman County while this issue was being

appealed. By order filed
on July 10, 1998, the trial court clerk was order ed to certify and transmit to this Court a supplem ental rec ord to inc lude eith er by s tipula tion of counsel or by evidence that such payment had or had not been made. The clerk of the trial court3

has now supplemented the record in this case to show the issuance of the following checks: 1. Check # 13684, in the amount of $4,069.68, payable to Dale Quillen and Michael Flanagan. 2. Check # 13683 , from the Hickman County Ci rcuit Court Clerk i n the amount of $1,078.45, issued to W illiam A. Clements, Sr. 3. Check # 07671, from the Hickman County Circ uit C ourt Clerk in the amount of $7,875.17, payable to the order of W illiam A. Clements, Sr.

In add itio n to copies of the above-mentioned checks, the clerk also supplemented the record to includ e a copy of a letter dated May 13, 1997, requesting a taxpayer's conference in connection with the Circuit Judge's order.

Because of the payments mentione d ab ove, the issue before this Court is
now moot. This appeal is dismiss ed with costs assessed ag ains t the State of Tennessee.

LEE MOORE, SPECIA L JUDGE
CONCUR:

JOE G. RILEY, JUDGE

CURWOOD WITT, JUDGEIN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT NA SHVILLE

STATE OF TENN ESSEE, ) ) C.C.A. No. 0 1C01-9707-CC-0024 7 Appellee, ) ) Hickman County No. 92-5035CR vs. ) ) (Especially Aggravated Kidnapin g WILLIAM A

LVIN CLEMENTS,

) 3 Counts, Spousal R ape ) ) DISMISSED Appellant. )

JUDGMENT

Came the appellant, William Alvin Clements , by counsel, and the state, by the Attorney General, and thi s cas e was heard on the record on appeal from the Circuit Court o

f Hickma n County ; and upo n consid eration thereof, this Court is of the opinion that the subject matter of this appeal is no longer at issue.

It is, therefore, ordered and adjudged by this Court that the issue in this case is now moot, and this case is dismissed.
Costs of appeal will be pa id by the State of Tennessee.

Per Curiam Lee Moore, Spe cial Judge Joe G. Riley, Judge Curwood Wi tt, Judge