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VIRGINIA DEPT. OF TRANSP. v. STEVENS

Record No. 1591-08-1

674 S.E.2d 563 (2009)

53 Va. App. 654

VIRGINIA DEPARTMENT OF TRANSPORTATION v. Jerry STEVENS.

Court of Appeals of Virginia, Chesapeake.

March 31, 2009.

Attorney(s) appearing for the Case

Guy W. Horsley, Jr., Special Assistant Attorney General (Robert F. McDonnell, Attorney General; Maureen Riley Matsen, Deputy Attorney General; Gregory C. Fleming, Senior Assistant Attorney General, on briefs), for appellant.

Elaine K. Inman, Norfolk (Ann K. Sullivan; Crenshaw, Ware & Martin, P.L.C., on brief), for appellee.

Present: HUMPHREYS and KELSEY, JJ., and WILLIS, Senior Judge.

KELSEY, Judge.

The Virginia Department of Transportation (VDOT) fired Jerry Stevens for cursing a crew leader and threatening a co-worker. After exhausting the administrative grievance process, Stevens appealed the termination decision to the circuit court. The court vacated the termination as "contradictory to law" and awarded Stevens his attorney fees. Agreeing with VDOT that the circuit court erred in doing so, we reverse.

I.

Ordinarily an appellate...

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