                 IN THE COURT OF APPEALS OF TENNESSEE
                            AT KNOXVILLE
                                 September 14, 2009 Session

   CHRIS YOUSIF, d/b/a QUALITY MOTORS v. NOTRIAL CLARK and
            THE CIRCUIT COURT OF KNOX COUNTY


                    Direct Appeal from the Circuit Court for Knox County
                          No. 1-565-07 Hon. Dale Workman, Judge


                                 ____________________________

                 No. E2008-02626-COA-R3-CV - FILED JANUARY 13, 2010
                             ____________________________

John W. McClarty, J., dissenting.


        I respectfully dissent. Based upon the factual history present in this case, I would affirm the
trial court’s dismissal of the writ.




                                                       ___________________________________
                                                       JOHN W. McCLARTY, JUDGE
