C.L. GILBERT, Jr. v. Izak Frederick WESSELS, M.D.

OPINION

in which Cornelia A. Clark, Gary R. Wade, Jeffrey S. Bivins, and Holly M. Kirby, JJ., joined.

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…