September 21, 2001 Volume 7 — Number 174 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 04 New Opinion(s) from the Tennessee Court of Appeals 03 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink MARILYN REDDICK v. MURRAY, INC. Court:TSC - Workers Comp Panel Attorneys: Bradley G. Kirk, Memphis, Tennessee, for the appellant, Marilyn Reddick. J. Arthur Crews, II, Jackson, Tennessee, for the appellee, Murray, Inc. Judge: LOSER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the plaintiff insists the trial court erred in dismissing her claim at the close of her proof. As discussed below, the panel has concluded the judgment should be reversed and the cause remanded for full trial of all issues fairly raised by the pleadings. http://www.tba.org/tba_files/TSC_WCP/reddickm.wpd LORI CASTLE v. JEFFREY LEE BAKER Court:TCA Attorneys: Mark H. Toohey and Thomas R. Bandy, III, Kingsport, Tennessee, for the Appellant, Lori Castle. John P. Chiles, Kingsport, Tennessee, and Thomas F. Bloom, Nashville, Tennessee, for the Appellee, Jeffrey Lee Baker. Judge: GODDARD First Paragraph: These parties were divorced in May 1992. Custody of their daughter, Brittany, then 5 years old, was awarded to Mother pursuant to an Marital Dissolution Agreement [MDA] which obligated Father to pay $575.00 monthly support. About three months after the divorce was granted, the custodial care of Brittany was transferred to Father, by agreement of the parties and without recourse to the Court. In June 1998, Mother sought contempt liability against Father alleging that he was in arrears with his child support obligation in the amount of $40,800.00: at trial, the amount was stipulated to be $36,800.00. Father responded by filing a petition for change of custody, alleging that Brittany had resided with him for several years, a material change in circumstances. He also sought forgiveness of the arrearage. The Trial Court found a change in circumstances and awarded custody of Brittany to her father who was also credited with the monetary value of the necessities he furnished Brittany from August 1992 through February 1997. Mother appeals. We affirm. http://www.tba.org/tba_files/TCA/castlelori.wpd BEN B. DOUBLEDAY v. LARRY HARGROVE Court:TCA Attorneys: Forest A. Durand, Jr., Shelbyville, Tennessee, for the appellant, Larry Hargrove. John R. White and Ginger Bobo Shofner, Shelbyville, Tennessee, for the appellee, Ben B. Doubleday. Judge: INMAN First Paragraph: This is an action to recover the balance due on a contract for the sale of timber. The purchaser's defense was impossibility of performance, because the seller had allegedly destroyed access. The seller testified that the purchaser cut and removed 95 percent of the timber, while the purchaser said he removed only about 40 percent owing to lack of access. The trial judge awarded the seller a judgment for the balance owing less some off-sets not relevant here. We affirm. http://www.tba.org/tba_files/TCA/doubledayben.wpd LEON WILLIAMS GENERAL CONTRACTOR, A/K/A LEON WILLIAMS GENERAL CONTRACTOR, INC. v. D. F. SHOFFNER MECHANICAL & INDUSTRIAL CONTRACTORS, INC. Court:TCA Attorneys: Wanda G. Sobieski, Knoxville, Tennessee, for the Appellant, Leon Williams General Contractor, a/k/a Leon Williams General Contractor, Inc. William A. Reeves, Knoxville, Tennessee, for the Appellee, D. F. Shoffner Mechanical & Industrial Contractors, Inc. Judge: GODDARD First Paragraph: This is a suit by a general contractor against a sub-contractor for breach of contract and negligence in installing heating, ventilation and air conditioning equipment. The Trial Court granted summary judgment in favor of the sub-contractor, resulting in this appeal. We find in light of the Supreme Court case of Harris v. Chern, which was delivered after the Trial Court ruled on the motion to alter or amend, that the order overruling the motion should be vacated and the Trial Court should reconsider it in light of Harris. We accordingly vacate the order overruling the motion to alter or amend, and remand. http://www.tba.org/tba_files/TCA/leonwilliams.wpd STATE OF TENNESSEE, et al. v. A. D. WRIGHT, et ux, et al. Court:TCA Attorneys: Homer R. Ayers, Goodlettsville, Tennessee, for the Appellants, Edwin Lee Nix, et ux Ira M. Nix. Charles M. Walker, Nashville, Tennessee, for the Appellee, Associates Financial Services Co., Inc. Judge: SWINEY First Paragraph: Edwin Lee Nix and Ira M. Nix ("Purchasers") bought a parcel of land ("Property") at a tax sale in September 1999. Other than the tax lien, Purchasers' title search uncovered no liens on the Property. Unbeknownst to Purchasers, the Property had been devised to a previous owners' daughter who had given a Deed of Trust for the Property to Associates Financial Services Company, Inc. ("Lienholder") as security for a loan. In May 2000, pursuant to Tenn. Code Ann. S 67-5-2701(a), the Lienholder filed a Notice of Redemption on the Property to which Purchasers objected. Part of the basis of Purchasers' objection was that the Lienholder's security interest in the Property was not within the chain of title and, therefore, the Lienholder had no standing to redeem the Property. The Trial Court referred the question to the Clerk and Master, acting as Master. After a hearing, the Master found that the Lienholder was a "valid redemptor" under the redemption statute, and the Trial Court subsequently concurred with this finding. Purchasers appeal. We affirm. http://www.tba.org/tba_files/TCA/wrightad.wpd STATE OF TENNESSEE v. MATTHEW PATRICK FRONTERA, A/K/A MATTHEW ANTHONY FRONTERA, A/K/A PATRICK MATTHEW FOSTER, A/K/A DERRICK JOSHUA FOSTER Court:TCCA Attorneys: Mark C. Scruggs, Nashville, Tennessee, for the appellant, Matthew Patrick Frontera. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Ron Davis, District Attorney General; and Sharon E. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Matthew Patrick Frontera, pleaded guilty to criminal impersonation, a Class B misdemeanor. Sentencing was left to the discretion of the trial court. As part of his plea agreement, the Defendant attempted to reserve the right to appeal a certified question of law relating to the legality of his stop, detention and questioning by police officers. In this appeal, the Defendant asserts that the trial court erred by refusing to suppress the evidence obtained against him due to an unlawful stop and detention. He also argues that the trial court erred by sentencing him to serve six months in the county jail with release eligibility at seventy-five percent. Because the Defendant failed to properly reserve his issue concerning his stop and detention, we are unable to reach the merits of that issue. We affirm the sentence imposed by the trial court. http://www.tba.org/tba_files/TCCA/fronteramp.wpd STATE OF TENNESSEE v. MARVIN W. HILL, JR. Court:TCCA Attorneys: Steve McEwen (on appeal), Mountain City, Tennessee; and Shawn Graham, Maryville, Tennessee; for the Appellant, Marvin W. Hill, Jr. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Bill Reed, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: In July 1999, the Defendant pled guilty to evading arrest and possession of marijuana, both Class A misdemeanors, and received concurrent sentences of eleven months and twenty-nine days supervised probation. In December 1999, the Defendant was indicted for assault and aggravated criminal trespass, both of which are also Class A misdemeanors. In January 2000, a violation of probation warrant was issued against the Defendant, alleging that he had violated his probation in the first two cases. In March 2000, the Defendant pled guilty to the assault and aggravated criminal trespass charges, and a combined sentencing hearing and probation violation hearing was held by the trial court. The trial court revoked the Defendant's probation in the first two cases and imposed concurrent sentences of eleven months and twenty-nine days incarceration. The court also imposed sentences of eleven months and twenty-nine days incarceration in the second two cases, to run concurrently with each other but consecutively to the sentences imposed in the first two cases. On appeal, the Defendant argues that the trial court erred in imposing sentences of incarceration in each case. Because our review of the record reveals that the sentences were proper, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hillmw.wpd CURTIS L. HUTCHERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Curtis L. Hutcherson, Wartburg, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Victor J. Vaughn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Curtis L. Hutcherson, appeals from the summary dismissal of his post-conviction claim for relief from a 1999 conviction for selling heroin. The trial court concluded that the petition failed to state a cause of action. Although we agree with the trial court's literal conclusion, we believe that the circumstances in this case warrant allowing the petitioner the opportunity to amend his petition pursuant to Tenn. Code Ann. S 40-30-206(d). The judgment of the trial court is reversed and the case remanded for further proceedings. http://www.tba.org/tba_files/TCCA/hutchersoncl.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! 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