STALSWORTH v. GRUMMONS


36 S.W.3d 832 (2000)

Katrinka A. STALSWORTH and Jim Stalsworth v. Robert A. GRUMMONS, M.D.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied December 4, 2000.


Attorney(s) appearing for the Case

Douglas Berry, R. Stephen Doughty, Nashville, TN, for appellants, Katrinka A. Stalsworth and Jim Stalsworth.

Phillip North, Tom Shumate, Nashville, TN, for appellee, Robert A. Grummons, M.D.


Permission to Appeal Denied by Supreme Court December 4, 2000.

OPINION

COTTRELL, J., delivered the opinion of the court, in which KOCH, J., and CAIN, J., joined.

The sole issue presented in this appeal is whether the trial court properly awarded as discretionary costs fees of the defendant's expert witnesses who did not testify because the plaintiffs voluntarily dismissed their lawsuit on the day of trial before any proof was taken. The fees in question...

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