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  5. 743 S.W.2d 612 (1988)
 

PANZER v. KING

743 S.W.2d 612 (1988)

Robert PANZER, Administrator of the Estate of Alyssa M. Panzer, Plaintiff-Appellee, v. C. Bryan KING, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

January 11, 1988.

Attorney(s) appearing for the Case

Hugh P. Garner, Chattanooga, William G. McPheeters, Dayton, for plaintiff-appellee.

John Ben Pectol, Dayton, Samuel R. Anderson, Shane Usary, Luther, Anderson, Cleary, Ruth & Speed, P.C., Chattanooga, for defendant-appellant.

OPINION

FONES, Justice.

This case involves the question of the right of plaintiff to take a voluntary nonsuit after the entry of the trial court's order setting aside the jury verdict and granting plaintiff a new trial, where defendant insisted that a non-suit was improper because it deprived him of his vested right to appellate review of the propriety of the action of the trial court in granting plaintiff a new trial.

Plaintiff, Robert Panzer, sued...

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