Da Vi D A . Roett Ger,
03S01-9801-CV-00011
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. John B. Hagler,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that he injured his low back while lifting on February 14, 1996 in a job-related accident. After receiving the testimony by deposition of Dr. David Hague, the trial judge found that the plaintiff's back problems were congenital and not attributable to his employment. The complaint was dismissed and the plaintiff appeals. Our review of the findings of fact made by 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. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The restated issue is whether the preponderance of the evidence supports the finding that the work-related accident did not accelerate or otherwise change the pre-existing spondylolisthesis. Dr. Hague testified that an MRI scan revealed a congenital grade one spondylolisthesis with bilateral pars defects which he treated with epidural blocks and a brace. He "presumed" that the disc protrusion with nerve root compression was due to the work injury, but was unable to confirm this presumption clinically. The diagnosis of spondylolisthesis was initially made in 1985 when the plaintiff was treated for injuries sustained in an automobile accident. He opined that the plaintiff had an unoperated grade one spondylolisthesis with medically documented injury andmedically documented pain and muscle spasm that would give him a seven percent impairment to the 2

In the matter of: Bianca Arneshe Askew, Dorothy Lewis v. Julie Donoho
02S01-9901-CV-00006
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Jon Kerry Blackwood

In this child custody case involving Bianca Arneshe Askew, now age eight years and nine months, we consider the competing claims between the child’s natural mother, Julie Donoho, and Dorothy Lewis, who presently has physical custody of the child. The lower courts found that a prior court order had granted custody to Ms. Lewis and that Ms. Donoho had failed to satisfy her burden of proving that custody should be restored to her. Because we find that Ms. Donoho’s constitutional right as a parent has been abridged, due to the absence of a showing of unfitness or of substantial harm, we reverse the decisions of the lower courts.

Marybeth Hogan v. George Lawson Yarbro
02A01-9905-CH-00119
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a post-divorce action. The mother filed a petition to enforce the provisions of the marital dissolution agreement. The agreement provided for payment of attorney’s fees and costs for legal action to enforce the marital dissolution agreement. The trial court denied the mother’s request for attorney’s fees and costs. We reverse and remand.

William Lee Henderson vs. State
01C01-9808-CR-00338

State vs. Michael D. Keen
01C01-9804-CR-00192

State vs. Tina Swindle
01C01-9805-CR-00202
Trial Court Judge: James Curwood Witt

The Realty Shop vs. RR Westminster Holding
01A01-9609-CH-00418
Trial Court Judge: Irvin H. Kilcrease, Jr.

Grover vs. Grover
01A01-9804-CH-00197
Trial Court Judge: Timothy L. Easter

Scott vs. Scott
01A01-9806-CH-00272
Trial Court Judge: Don R. Ash

State vs. Roy A. Jordan
01C01-9801-CR-00015

Polyak vs. Hulen, et al
01A01-9803-CH-00133
Trial Court Judge: Jim T. Hamilton

01A01-9806-CH-00286
01A01-9806-CH-00286
Trial Court Judge: Irvin H. Kilcrease, Jr.

Pete Smith vs. State
03C01-9805-CR-00182
Trial Court Judge: James E. Beckner

State vs. Gary Wayne Hall
03C01-9712-CR-00534
Trial Court Judge: Phyllis H. Miller

State vs. Earl Dewayne Holloway
03C01-9803-CR-00117
Trial Court Judge: Stephen M. Bevil

Misty Laverne Roberts vs. State
03C01-9803-CC-00124
Trial Court Judge: James E. Beckner

David Tulis vs. Mike Greene
M2000-02844-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
This is an appeal from the trial court's order dismissing a petition for review of a final agency decision of the Tennessee Department of Safety affirming the denial of petitioner's driver's license renewal. The chancery court affirmed the Order of the Department of Safety denying the application for renewal. Petitioner has appealed. We affirm.

01C01-9803-CR-00121
01C01-9803-CR-00121

State vs. Donald Smith
02C01-9805-CC-00151

State vs. Donald Smith
02C01-9805-CC-00151
Trial Court Judge: Julian P. Guinn

Corey Adams Kennerly vs. State
01C01-9806-CC-00252

State vs. Johnell Hoskins
01C01-9805-CC-00233
Trial Court Judge: Timothy L. Easter

State vs. Leroy Jones
02C01-9809-CC-00296
Trial Court Judge: R. Lee Moore Jr.

State vs. Sam Neely
01C01-9510-CC-00343
Trial Court Judge: Robert E. Corlew, III

Jones vs. Jones
01A01-9806-CV-00298
Trial Court Judge: Muriel Robinson