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Posted by: Tanja Trezise on Dec 18, 2014

Court: TN Supreme Court

Attorneys 1:

Alix C. Michel and David J. Ward, Chattanooga, Tennessee, for the appellant, Dr. Izak Frederick Wessels.

Attorneys 2:

Marvin Bernard Berke and Jeremy Matthew Cothern, Chattanooga, Tennessee, for the appellee, C.L. Gilbert, Jr.

Judge(s): LEE

The issue we address in this appeal is whether the Court of Appeals properly granted the defendant a Tennessee Rule of Appellate Procedure 10 extraordinary appeal. The trial court denied the defendant’s motion for a waiver of the contiguous state requirement in Tennessee Code Annotated section 29-26-115(b) as to an expert witness. The Court of Appeals granted the defendant’s Rule 10 appeal and held that the trial court did not abuse its discretion in declining to waive the contiguous state requirement. We hold that the Court of Appeals improvidently granted the appeal because the trial court did not so far depart from the accepted and usual course of judicial proceedings as to require immediate review and because a review was not necessary for a complete determination of the action on appeal. Tenn. R. App. P. 10(a). Accordingly, we remand this case to the Circuit Court for Hamilton County for further proceedings.