However, the order upheld says that the Court is not inclined to punish his client for not appearing and states further that Zelenik 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.
The lawsuit has become a major sideshow in the heated race between Zelenik and her incumbent opponent U.S. Rep. Diane Black.
Although not recognized as a central campaign issue, Blacks campaign has managed to push the developments of the lawsuit to the forefront and at the same time maintaining that her campaign is not involved.
Beavers to endorseZelenik
The Wilson Post learned late Tuesday that State Sen. Mae Beavers is expected to endorse Lou Ann Zelenik, 6thDistrict Congressional candidate in the Republican Primary, today.
Beavers is to make her endorsement at the Legislative Plaza in Nashville.
Expected to also endorse Zelenik today are Speaker Pro Tem Judd Matheny, State Sen. Kerry Roberts, and State Rep. Rick Womack.
Black is not a party to the lawsuit as her campaign has stated but her campaign has helped publicize Zeleniks involvement with a press release sent out last Thursday.
The 30-page package distributed by Blacks campaign last week included court documents and certain information about the lawsuit in which Zelenik is to testify.
Blacks office also included in the media package its own opinion about Zeleniks position noting you will find the court document attached. Page 14-21 shows the warrant (show cause which is the same thing) ---by not showing up she now has a criminal court date in September where she has to convince a judge that she should not go to jail.
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 is centers around 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.