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