                        IN THE COURT OF APPEALS OF TENNESSEE
                             WESTERN SECTION AT JACKSON
                       _____________________________________________

HERBERT ADAMS,                      )     From the Chancery Court
                                    )     for Crockett County, Tennessee
      Plaintiff/Appellee,           )
                                    )     The Hon. George R. Ellis, Chancellor
vs.                                 )
                                    )     Crockett County Chancery No. 6358
ROBERT SIMS AND                     )     Appeal No. 02A01-9411-CH-00252
PATRICIA SIMS                       )
                                    )     DISMISSED & REMANDED
      Defendants/Appellants.        )
                                    )
                                    )
                                          Theo J. Emison
                                          Alamo, Tennessee
                                                                                    FILED
                                    )     Attorney for Appellants    February 6, 1996
                                    )
                                    )     James Belew Webb          Cecil Crowson, Jr.
                                    )     Milan, Tennessee          Appellate C ourt Clerk
                                    )     Attorney for Appellee
________________________________________________________________________

                            OPINION AND ORDER
________________________________________________________________________

LILLARD, J.

          This case came to be considered by the Court upon a grant of a Rule 9 application for

permission to appeal an interlocutory Order of the trial court.



          The appellants, Robert and Patricia Sims, seek to appeal the trial court’s ruling on their

motion in limine to exclude from the trial certain types of evidence. The trial court granted the

appellants’ Rule 9 application for permission to appeal the denial of appellants’ motion in limine.

This Court thereafter granted appellant’s Rule 9 request for permission to appeal the trial court’s

ruling.



          After hearing oral argument, and upon examination of the record, the Court is of the

Opinion that the Rule 9 application for permission to appeal was improvidently granted and that

the matter should be remanded to the trial court for further proceedings.



          It is therefore ordered that the Rule 9 application is dismissed and the matter is remanded

to the trial court. Costs are taxed to the appellant.
It is SO ORDERED this ______ day of January, 1996.




                                         _________________________________
                                         LILLARD, J.


                                         _________________________________
                                         CRAWFORD, P.J.,W.S.


                                         _________________________________
                                         HIGHERS, J.
