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TN Form 870: What You Should Know
STATE, Respondent, and C. W. THOMAS, Appellant. v. RICK ERT P. THOMAS, Appealed. Appeal from the State's Appellate Division in the Supreme Court, Rutherford County. No. 193701–9. This matter was tried without a jury because the trial court dismissed Appealed's claim on two grounds. The dismissal is affirmed. RICK ERT P. THOMAS, Appellant, appeals from and incorporates by reference the following: 1. The trial court's denial of Appealed's motions to admit witnesses at trial and to suppress evidence after the State failed to comply with the applicable time limits for submission of its closing arguments. Appealed also appeals from and incorporates by reference the orders of the trial court in its ruling on Appealed's motions to admit and to suppress evidence after the State failed to comply with the applicable time limits for submission of its closing arguments. Appealed's original request for jury instruction to inform jurors of the purpose of jury trial is granted and set aside; the jury instruction is, as a matter of law, inapplicable. This matter is further remanded for the trial court to give this instruction on a per se basis. We remand this case for the trial court to give this instruction per se if it determines that there is a substantial likelihood that the jury's answer would have been the same as that given at the conclusion of the State's case against Appealed. The State's motion to preclude the introduction of evidence relevant to Appealed's health care records which are the subject of both this appeal and its response to Appealed's initial request for a hearing is reviewed. The trial court's denial of Appealed's request for an instruction in accordance with Rule 8.01(a) is reversed; the trial court's orders dismissing the motion to compel production of the records from their custodian and denying Appealed's request for an evidentiary hearing on the matter are affirmed. Because no reversible error exists on the part of the trial court, we affirm the dismissal of Appealed's claims. The trial court's granting of Appealed's motion for a continuance is also affirmed. With respect to the motion to preclude the hearing on the questions of the records' authenticity, Appealed's motion is granted because the record is insufficient for the hearing to be in the nature of adversarial testing of the credibility of the evidence.
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