KALYN DOXLEY, ET AL. v. CLARENCE L. “BUZZ,” NABERS, JR., DDS, ET AL.

This is a healthcare liability action, governed by Tennessee Code Annotated section
29-26-101, et seq., stemming from care rendered by a dentist. The defendant dentist
seeks review of a class certification order entered by the trial court pursuant to
Tennessee Code Annotated section 27-1-125. Section 27-1-125 grants an appeal as
of right from an order granting or denying class certification under Rule 23 of the
Tennessee Rules of Civil Procedure. Tenn. Code Ann. § 27-1-125(a). Because,
based on the record before us, we cannot conclude that the trial court applied the
correct legal standards and also cannot conclude that the class proponent met her
burden of establishing that the requirements of Rule 23 of the Tennessee Rules of
Civil Procedure have been met, we must vacate the trial court’s certification
decision.