Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 10/25/2014
Format: 10/25/2014
03C01-9506-CC-00176
Blount County Court of Criminal Appeals 12/17/96
State vs. Ervin
03C01-9707-CC-00311
Blount County Court of Criminal Appeals 12/17/96
John Timothy Enochs, v. Dr. George Nerren, Superintendent of Dyersburg Schools, and The Dyersburg Board of Education
O2A01-9505-CH-00113

This case involves the dismissal of a tenured teacher. Appellant John Timothy Enochs (“Enochs”) challenges his discharge by Appellee Dyersburg Board of Education (“Board”) from his position as a tenured teacher in the Dyersburg City School System. After a hearing, Enochs’ dismissal was affirmed by the trial court. In this appeal, Enochs claims that the trial court’s hearing and review of the Board’s dismissal violated the Teacher Tenure Act and his right to due process. We affirm the decision of the trial court.

Dyer County Court of Appeals 12/17/96
X2010-0000-XX-X00-XX
Marion County Court of Appeals 12/17/96
X2010-0000-XX-X00-XX
Court of Appeals 12/17/96
X2010-0000-XX-X00-XX
Anderson County Court of Appeals 12/17/96
X2010-0000-XX-X00-XX
Loudon County Court of Appeals 12/17/96
X2010-0000-XX-X00-XX
Loudon County Court of Appeals 12/17/96
Patricia D. Woodward v. American General Life & Accident Insurance Company
03S01-9512-CV-00138
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 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employee or claimant, Woodward, contends the evidencepreponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. On July 23, 1992, the claimant was involved in a car wreck arising out of and in the course of her employment as a debit agent for the employer, American General. She suffered a mild strain of the neck, superimposed upon preexisting osteoarthritis. She was first seen by Dr. Sherrod, who made the diagnosis, then followed by Dr. Calvin Johnson at Wautauga Orthopedics. Dr. Johnson provided conservative care and assigned minimal permanent impairment. She was further treated by Dr. David Lurie, a rheumatologist, who diagnosed fibromyalgia but expressed no opinion as to whether her condition was causally related to the accident. The claimant was under Dr. Lurie's continuing care at the time of the trial. Her attorney referred her to Dr. Mark T. McQuain, a specialist in physical medicine and rehabilitation. Dr. McQuain's impression, as reflected in his notes, was: 1. Cervical degenerative disc disease,maximum at C4-5 and C5-6. 2. Generalized fibromyalgia/tension myalgia, post traumatic. 3. Patellofemoral degenerative joint disease, bilaterally. 4. Tendency for pain magnification. 2
Washington County Workers Compensation Panel 12/17/96
Jerrell McVay and Cynthia Marie McVay, State of Tennessee Intervenor, v. Sharon Blen, Custodial Parent of Lauren Nicole McVay, a minor
02A01-9508-JV-00183

This case arises under the Grandparents’ Visitation Act. The Petitioners/Appellees, Jerrell
McVay and Cynthia Marie McVay (“Grandparents”), filed a petition with the juvenile court for
court-ordered visitation with their paternal grandchild, Lauren Nicole McVay. The Juvenile Court
awarded visitation to the Grandparents, pursuant to the Grandparents’ Visitation Act. The child’s
mother, Respondent/Appellant Sharon Blen (“Mother”), appeals the trial court’s decision. We
reverse.

Shelby County Court of Appeals 12/16/96
Kenneth Dale Nance, v. Tina Louise Nance
02A01-9603-CH-00042

Custody of the five-year old son of these parties was awarded to his mother, the propriety of which the appellant-father questions. Our review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. § 50-6-225(3)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). We cannot substitute our judgment for that of the trial judge, and we are not positioned to evaluate the credibility of the parties or their witnesses. Walls v. Magnolia Truck Lines, 622 S.W.2d 526 (Tenn. 1981).

Henry County Court of Appeals 12/16/96
03C01-9512-CR-00384
Hamilton County Court of Criminal Appeals 12/16/96
X2010-0000-XX-X00-XX
Hamilton County Court of Appeals 12/16/96
X2010-0000-XX-X00-XX
Court of Appeals 12/16/96
X2010-0000-XX-X00-XX
Hamilton County Court of Appeals 12/16/96
David Vaughn vs. Daimler Chrysler
E2002-02163-COA-R3-CV
David W. Vaughn sues Daimler Chrysler Corporation and Grindstaff, Inc., seeking damages in connection with his October 1994 purchase of a 1994 Chrysler LHS automobile which was manufactured by Chrysler and sold to him by Grindstaff. The complaint alleges violations of T.C.A. Title 55, Chapter 24, commonly known as the "Lemon Law." The Trial Court sustained a motion for summary judgment filed by the Defendants, resulting in this appeal, wherein Mr. Vaughn contends there are disputed material facts rendering summary judgment inappropriate. We affirm.
Carter County Court of Appeals 12/15/96
01C01-9509-CR-00316
Davidson County Court of Criminal Appeals 12/13/96
01C01-9511-CC-00389
Williamson County Court of Criminal Appeals 12/13/96
01C01-9601-CC-00012
Putnam County Court of Criminal Appeals 12/13/96
03A01-9511-CH-00395
Court of Appeals 12/13/96
03A01-9605-CH-00165
Hamilton County Court of Appeals 12/13/96
The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267
02C01-9611-CC-00407
Lake County Court of Criminal Appeals 12/12/96
03C01-9503-CR-00060
Cocke County Court of Criminal Appeals 12/12/96
03C01-9511-CR-00359
Hamilton County Court of Criminal Appeals 12/12/96
01A01-9605-CH-00219
Davidson County Court of Appeals 12/11/96