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HOWELL v. RYERKERK

No. E2011-01498-COA-R3-CV.

372 S.W.3d 576 (2012)

Cole Bryan HOWELL, III, et al. v. Cheryl RYERKERK, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

March 9, 2012.

Application for Permission to Appeal Denied by Supreme Court June 19, 2012.

Attorney(s) appearing for the Case

W. Tyler Chastain , Margo J. Maxwell , and Hugh B. Ward, Jr. , Knoxville, Tennessee, for the appellants, Cole Bryan Howell, III, individually and by derivative on behalf of Howell Nurseries, Inc.

John M. Norris , Strawberry Plains , Tennessee, for the appellee(s), Cheryl Ryerkerk, The Estate of Florence Howell Wallis, Carl Wallis, Margaret Ann Gehring, and Howell Nurseries.

OPINION

J. STEVEN STAFFORD, J., delivered the opinion of the Court, in which ALAN E. HIGHERS, P.J., W.S., and HOLLY M. KIRBY, J., joined.

The issue appealed in this case is the failure of the trial court to grant a continuance requested by the Appellant. After two prior continuances were granted, the Appellant again moved for a continuance, supporting the request with documentation indicating that the Appellant was undergoing diagnostic testing the day before...

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