September 22 , 2000 Volume 6 -- Number 152 What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink. This Issue (IN THIS ORDER):   00 New Opinion(s) from the Tennessee Supreme Court 01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 05 New Opinion(s) from the Tennessee Court of Appeals 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 00 New Opinion(s) from the Tennessee Attorney General (PDF format) 00 New Judicial Ethics Opinion(s) 00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink GRATZ CARDEN, JR. v. THE TENNESSEE COAL COMPANY Court:TSC - Workers Comp Panel Attorneys: Robert W. Knolton, Oak Ridge, Tennessee, for the appellant, The Tennessee Coal Company. Roger L. Ridenour, Clinton, Tennessee, for the appellee, Gratz Carden, Jr. Judge: LAFFERTY First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated S 50-6-225(e)(3) for a hearing and reporting of findings of fact and conclusions of law. The appellant/defendant challenges the trial court's award of permanent and total disability benefits to the appellee/plaintiff. Also, the appellant contends that the evidence does not support the trial court's award of benefits to the body as a whole. After an in-depth review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment. http://www.tba.org/tba_files/TSC_WCP/cardeng.wpd RANDY L. CHAMBERS v. JONNITA M. CHAMBERS AMONETTE Court:TCA Attorneys: Jacqueline B. Dixon, Nashville, Tennessee, for the appellant, Jonnita M. Chambers Amonette. Louise R. Fontecchio, Nashville, Tennessee, for the appellee, Randy L. Chambers. Judge: FARMER First Paragraph: At the time of the parties' divorce in 1992, their minor child was placed in the primary residential custody of the mother, and the father was ordered to pay child support in the amount of $300.00 per month. The mother instituted a petition to modify. The father is in the military and, at the time of trial, had a base pay of $2,888.46 per month, which included allowances for BAS, BAH, and BAQ- DIFF. The parties anticipated at the time of trial that the father would be transferred to Korea for one year of service, and then would be transferred to England. According to the father, he would continue to receive his BAQ-DIFF allowance, but, while in Korea, he would no longer receive BAS or BAH allowances. The mother sought an increase in the monthly support payments based upon a significant variation with the Tennessee Child Support Guidelines and based upon reduced visitation by the father. According to the parties' final divorce decree, the father's visitation schedule provided for an average of sixty-nine days of visitation throughout the year, as compared to the anticipated eighty days in the Guidelines. After a hearing on the matter, the trial court denied the petition and ordered the mother to pay the father's costs and attorney's fees. We reverse and remand. http://www.tba.org/tba_files/TCA/chambersrl.wpd WILLIE LUE PRENTICE v. RONALD W. PRENTICE Court:TCA Attorneys: Kathy A. Leslie, Nashville, for Appellant Stephanie C. Hatchett, Nashville, for Appellee Judge: HIGHERS First Paragraph: Ronald Prentice appeals from a decision of the Davidson County Circuit Court. The appeal involves a dispute over property division arising out of a divorce. http://www.tba.org/tba_files/TCA/prenticewillie.wpd R & D MARINA, INC., et al. v. ROANE COUNTY, TENNESSEE, et al. Court:TCA Attorneys: Gerald Largen, Kingston, Tennessee, and J. Scott McCluen, Harriman, Tennessee, for Appellants Sam Browder, Rhea Browder and J. T. Day. Tom McFarland, Kingston, Tennessee, for Appellees Ron Billbury and Diane Billbury. Judge: SWINEY First Paragraph: Plaintiffs, a marina and its owners, were holders of a 1996 lease from Roane County to build and manage a marina. Plaintiffs received a permit from TVA to operate the marina in 1997. Plaintiffs filed suit against Roane County and four boathouse owners, seeking a declaratory judgment that the marina was entitled to monthly rent from the individual Defendants from the date of the Roane County lease until their boathouses were removed from the leased premises. The boathouse owners were holders of prior TVA permits to moor boathouses within the same area which became the marina pursuant to the 1996 lease and 1997 permit. The Trial Court ordered the boathouse owners to pay rent to the marina and to remove their boathouses. We affirm the judgment of the Trial Court insofar as it ordered the individual Defendants to remove their boathouses. We hold the Trial Court erred in ordering the individual Defendants to pay rent starting from the date of the lease rather than the date of Plaintiffs' TVA permit. Accordingly, we modify the judgment of the Trial Court to reflect that Defendants owe rent to Plaintiffs from the date of Plaintiffs' TVA permit until the boathouses were removed. The judgment of the Trial Court is affirmed, as modified, and the case is remanded. http://www.tba.org/tba_files/TCA/rdmarina.wpd DANIEL BENSON TAYLOR v. JUDGE RUSSELL HELDMAN, et al. Court:TCA Attorneys: Daniel Benson Taylor, Only Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Meredith Devault, Senior Counsel, and Mary M. Bers, Assistant Attorney General, for the appellees, Judge Russell Heldman, Judge Donald P. Harris, Lucian D. Geise, Assistant Attorney General, Mary M. Bers, Assistant Attorney General. Judge: CAIN First Paragraph: Daniel Benson Taylor ("Plaintiff"), a prison inmate, filed suit for damages and other relief against two judges of the 21st Judicial District and, by amended complaint, the assistant attorneys general representing the two judges because of the alleged failure of the judges to grant his petition for a writ of habeas corpus. The trial judge granted a Tennessee Rules of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim upon which relief can be granted. The specially appointed trial judge sustained the motion and Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/taylordanielb.wpd MARY LYNN WRITESMAN v. MICHAEL LAKE WRITESMAN Court:TCA Attorneys: Jack Norman, Jr. and James L. Collier, Nashville, Tennessee, for the appellant, Michael Lake Writesman. Gregory D. Smith, Nashville, Tennessee, for the appellee, Mary Lynn Writesman. Judge: CAIN First Paragraph: This appeal is from the trial court's order denying Husband's Petition for Modification and sentencing him to thirty days in jail for criminal contempt. Husband attempted to show that there had been a substantial and material change in the relative financial positions of the parties and that his court ordered alimony obligation should be terminated or modified. Wife counter-petitioned for contempt of court, and Husband was, thereafter, charged with criminal contempt and found guilty for his failure to pay alimony. We agree with the trial court that Husband failed to show a material change in circumstances sufficient to justify terminating or modifying his alimony obligation. We also agree with the trial court's finding of criminal contempt and uphold its sentence of thirty days in prison for such contempt. Therefore, the ruling of the trial court on all issues presented on appeal is affirmed. http://www.tba.org/tba_files/TCA/writesmanmaryl.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! 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