October 8, 2001 Volume 7 — Number 185 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 00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 04 New Opinion(s) from the Tennessee Court of Appeals 01 New Opinion(s) from the Tennessee Court of Criminal Appeals 02 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1008.wpd MELONEY GAIL CARR (CAMPBELL) v. GRADY LEONIAL CARR, III Court:TCA Attorneys: Steven R. Walker, Memphis, Tennessee, for the appellant, Meloney Gail Carr. Didi Christie, Brownsville, Tennessee, for the appellee, Grady Leonial Carr, III. Judge: LILLARD First Paragraph: This is a child custody case. The parties were separated in February 2000 and the father was awarded temporary custody of the parties' two minor children. After the trial, the mother was granted the divorce, but custody of the two children remained with the father. The father was required to pay rehabilitative alimony on the condition that the mother enroll in EMT classes. The mother appeals, asserting that the trial erred in denying a continuance when several of the mother's witnesses were unavailable to testify at the hearing, in awarding custody to the father, in making the rehabilitative alimony conditional on the mother enrolling in EMT classes and in the division of marital property. We reverse the award of custody to the father, modify the order on rehabilitative alimony, modify the division of marital property, and remand to the trial court to determine issues relating to child support. http://www.tba.org/tba_files/TCA/carrmg.wpd BRENDA GAIL HINTON a/k/a BRENDA STEPHENS GRAY v. CAREY CHRISTOPHER STEPHENS Court:TCA Attorneys: Gregory Allen Meyer, Corinth, MS, for Appellant Terry Abernathy, Selmer, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a dispute between relatives over a parcel of real property. Although the parties executed a contract which stated that the purchase price was due in one year, the parties disregarded the contract language for eleven years. The trial court ruled that the parties had acquiesced in the extension of the contract and that they were now estopped to deny the contract's validity. As a result, the trial court ordered that the home be sold as per the terms in the contract. For the following reasons, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/hintonbrendag.wpd CARRIE JUNE MARSH v. CHRISTOPHER SENSABAUGH Court:TCA Attorneys: Didi Christi, Brownsville, Tennessee, for the appellant, Christopher Sensabaugh. D. Nathaniel Spencer, Brownsville, Tennessee, for the appellee, Carrie June Marsh. Judge: FARMER First Paragraph: This is a child custody case involving the child's natural father and a third-party, the maternal aunt. The trial court held in favor of the maternal aunt, upon a determination the father was an unfit parent. The court based its decision on the father's previous charge of contempt for failure to pay child support, previous visitation practices, and lack of knowledge regarding the child's educational status, such as her teachers, grades and attendance at parent-teacher conferences. Father appeals the trial court's decision. For the reasons below, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/marshcarriejune.wpd WILLIAM THOMAS WINCHESTER v. GLENDA RACHELLE WINCHESTER (WINBUSH) Court:TCA Attorneys: William T. Winchester, Pro Se No Brief Filed By Appellee Judge: CRAWFORD First Paragraph: In a post-divorce proceeding, father filed a "motion" to increase visitation with his minor child. The trial court found that there had been no material change of circumstances since the entry of the prior visitation order and denied the "motion." Father has appealed. We affirm. http://www.tba.org/tba_files/TCA/winchesterwil.wpd STATE OF TENNESSEE v. ALONZO CHATMAN Court:TCCA Attorneys: Mark Stephens, Knox County Public Defender; Paula R. Voss and Aubrey Davis, Assistant Public Defenders, Knoxville, Tennessee, for the Appellant, Alonzo Chatman. Paul G. Summers, Attorney General & Reporter; Patricia C. Kussman, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Deborah Herston, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Alonzo Chatman appeals the Knox County Criminal Court's revocation of his probationary sentence. Because the lower court did not abuse its discretion in revoking probation and ordering the original sentence into execution, we affirm. http://www.tba.org/tba_files/TCCA/chatmana.wpd Election of City Judge in Home Rule City Date: October 1, 2001 Opinion Number: 01-153 http://www.tba.org/tba_files/AG/OP153.pdf Applicability of Statutory Penalties to Litigation Taxes Date: October 1, 2001 Opinion Number: 01-154 http://www.tba.org/tba_files/AG/OP154.pdf 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. 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