Opinion

Roy Jones v. Perry Spurling

Court
Court of Appeals of Tennessee
Filed
Jun 27, 2002
Status
Published
On the bench
Judge Houston M. Goddard
Cited by
0 cases

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

June 27, 2002 Session

ROY JONES v. PERRY SPURLING, ET AL.

Appeal from the Chancery Court for Morgan County

No. 98-145 Frank V. Williams, III, Chancellor

FILED JULY 22, 2002

No. E2001-02875-COA-R3-CV

This is a suit by Roy Jones, a tenured teacher in the Morgan County School System, against

Perry Spurling, Keith Adcock, Cassandra Duncan, Debbie Lively, and Conrad Strand, Members of

the Morgan County Board of Education, Paul Scarbrough, Superintendent of the Morgan County

Schools, and the Morgan County Board of Education. The suit seeks, by means of a writ of

certiorari, to overturn a determination of the Board that Mr. Jones’ employment should be terminated

because of an altercation between him and a student. We vacate and remand.

Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Chancery Court Vacated;

Cause Remanded

HOUSTON M. GODDARD, P.J., delivered the opinion of the court, in which CHARLES D. SUSANO, JR.,

and D. MICHAEL SWINEY , JJ., joined.

David H. Dunaway, LaFollette, Tennessee, for the Appellant, Roy Jones

Robert S. Olive, Knoxville, Tennessee, for the Appellees, Perry Spurling, Keith Adcock, Cassandra

Duncan, Debbie Lively, and Conrad Strand, Members of the Morgan County Board of Education,

Paul Scarbrough, Superintendent of the Morgan County Schools, and the Morgan County Board of

Education.

OPINION

The Chancellor upheld Mr. Jones’ dismissal, resulting in this appeal where the determinative

issue is whether the Chancellor should have reduced his findings of fact and conclusions of law to

writing and made them a part of the record, as mandated by T.C.A. 49-5-513(h).1

1

(h) The Chancellor shall reduce the Chancellor’s findings of fact and conclusions of law to writing

and make them parts of the record.

The Defendants in their brief, and their counsel in oral argument, concede that there is merit

in Mr. Jones’ position and agree that the case must be remanded to give the Chancellor an

opportunity to correct his oversight.

Mr. Jones raises a second issue, complaining that the Chancellor failed to act upon his motion

to amend his complaint. Upon remand Mr. Jones’ counsel will have an opportunity to call this point

to the Chancellor’s attention and obtain a ruling on the motion to amend.

For the foregoing reasons the judgment below is vacated and the case remanded to enable

the Chancellor to supplement the judgment entered in accordance with the requirements of T.C.A.

49-5-513(h). Exercising our discretion, we do not adjudge costs of appeal.

_________________________________________

HOUSTON M. GODDARD, PRESIDING JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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