LUTHER SMITH, JR., INDIVIDUALLY AND AS LEGAL GUARDIAN OF LUTHER SMITH, III
CHILDLIFE, INC, ET AL.
Assigned on Briefs March 1, 2018
from the Circuit Court for Shelby County No. CT-001449-05
Gina C. Higgins, Judge
appealed the trial court's order denying encroachment of
minor child's funds held by the Shelby County Circuit
Court Clerk. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Smith, Jr., Memphis, Tennessee, Pro se.
Brandon O. Gibson, J., delivered the opinion of the court, in
which Charles D. Susano, Jr. and Richard H. Dinkins, JJ.,
MEMORANDUM OPINION 
BRANDON O. GIBSON, JUDGE
August 4, 2002, while playing on a playset, Luther Smith, III
("Child"), a minor, sustained injuries to his leg.
Luther Smith, Jr. ("Father"), as parent and legal
guardian, filed suit against the manufacturer of the playset.
A settlement was reached and approved by the trial court on
March 15, 2005. The court ordered and directed disbursement
of funds for medical bills and legal fees and further ordered
the remaining balance to be held in an interest-bearing
account by the Shelby County Circuit Court Clerk until the
Child reached the age of eighteen, at which time the circuit
court clerk would turn over all amounts to the Child.
20, 2017, Father filed a "Petition [For] Partial
Withdrawal of Infant Funds, " for a "band
instrument up-grade; school clothes, hair grooming, school
outings, and normal upkeep for [the] child." On July 7,
2017, the circuit court granted the petition to purchase an
upgrade for a band instrument.
August 11, 2017, Father filed a petition to reconsider,
asking the court to allow encroachment of the remaining funds
for reimbursement to him for previous expenses he had
incurred for the minor child. Father also sought the
remainder of the funds being held by the Clerk for
renovations to a rental home he owned, stating that any
future rental income he received on the home would go to the
court denied the petition for reconsideration on September
11, 2017, finding that it would not be appropriate to
reimburse a parent for meeting his legal obligation to care
for his child. The trial court further ruled that a
speculative investment to remodel an old home in anticipation
of rental income, even if the stated plan was to turn over
future rent to child, would not be a proper use of the
minor's funds. Father filed a timely appeal.
Father presents the following issues for review, as ...