Julie A. Bellamy v. Cracker Barrel Old Country Store, Inc., et al - Dissenting

I applaud the majority’s willingness to decide this case in an expeditious manner. I disagree,
however, that this case presents the appropriate opportunity to suspend the rules of appellate
procedure to do so. Moreover, I disagree that the Court of Appeals erred in considering the
conflicting statements of evidence. The Court of Appeals identified a statement made by the trial
court that was dispositive of the issue and that was not in dispute. Based on this statement, the Court of Appeals correctly remanded this case for a new trial.