APPELLATE COURT OPINIONS

This workers' compensation appeal has been referred to the Special Workers'Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer questions the award of permanent partial disability benefits as being excessive and contends the award should be to the first phalange of the thumb rather than to the thumb. As discussed below, the panel has concluded the judgment should be modified.

This is an appeal from a Final Decree of Divorce entered January 5, 1996. Plaintiff, Sherry Denise Thearp Ervin (Wife), appeals from the order of the trial court granting her an absolute divorce from the defendant, Dale Edward Ervin (Husband). 1 In her first issue, Wife argues that the trial court should have awarded her the parties’ ski boat. We will consider this assertion with the second issue. 2 Wife appeals the trial court’s decision concerning the division of the marital property, the amount of child support, and the denial of an award of attorneys’ fees.

This is a child custody case. The trial court awarded Appellant William Thomas Winchester (“Husband”) and Appellee Glenda Rachelle Winchester (“Wife”) joint custody of the minor child of the marriage, which both parties appeal. We vacate the trial court’s award of joint custody and remand the case to the trial court to conduct further findings of fact concerning each party’s comparative fitness and to award custody to either Husband or Wife.