Mullican V. Transamerica Insurance Group

_jjAMY,

concurring in part, dissenting in part.

I concur in the majority’s determination that the statements at issue were impermissible hearsay as they did not meet the necessary requirements for the exceptions urged. However, while I agree that the *216nature of the statements requires a reversal, I respectfully dissent from the majority’s conclusion that this case is one that can be reviewed by the appellate court on a de novo basis and judgment rendered. In this case, the testimonies of the plaintiff, her sister, and the manager differ sufficiently in all regards that it appears to me that…