Hallysah Ibsen as Administrator of the Estate of Elaine Kelly, and Robert Kelly v. Summit View of Farragut, LLC et al.

Case Number
E2018-01249-COA-R3-CV

In this healthcare liability action, the defendants filed a motion for a qualified protective order allowing them to conduct ex parte interviews with some of the plaintiffs’ treating healthcare providers pursuant to Tenn. Code Ann. § 29-26-121(f). After the trial court granted the qualified protective order allowing the interviews, plaintiffs’ counsel wrote a letter to plaintiffs’ treating providers concerning the interviews. The defendants then filed a joint motion for sanctions asserting that the letters sent by plaintiffs’ counsel violated the trial court’s order by attempting to prevent the treating providers from participating in the interviews. The trial court granted monetary sanctions against the plaintiffs and their counsel and ordered plaintiffs’ counsel to send retraction letters to plaintiffs’ treating providers. The plaintiffs appeal. We have determined that the order on appeal is not a final order and, therefore, dismiss the appeal.

Authoring Judge
Judge Andy Bennett
Originating Judge
Judge William T. Ailor
Case Name
Hallysah Ibsen as Administrator of the Estate of Elaine Kelly, and Robert Kelly v. Summit View of Farragut, LLC et al.
Date Filed
Dissent or Concur
No
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