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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT NASHVILLE
June 25, 2007 Session FRANCOIS DEXTRA v. WESTERN EXPRESS, INC., ET AL.
Direct Appeal from the Circuit Court for Davidson County No. 04C-1244 Walter Kurtz, Circuit Judge

No. M2006-01815-WC-R3-WC - Mailed - September 21, 2007 Filed - October 25, 2007

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. A complaint was filed by Francois Dextra in the Circuit Court for Davidson County alleging both a claim based in tort and one appearing to seek workers' compensation benefits. The trial court dismissed the tort claim and directed the case proceed as a workers' compensation claim. After more than two years, the case was dismissed by the trial court for failure to prosecute due to the failure of Mr. Dextra to have his case set for trial. On appeal, Mr. Dextra has not asserted that the trial court abused its discretion in dismissing the workers' compensation claim but alleges the trial court erred by dismissing his tort claim and converting it to one for workers' compensation benefits. We find no abuse of discretion in the trial court's dismissal of the case and affirm that judgment. Appellate jurisdiction with regard to the dismissal of Mr. Dextra's tort claim lies with the Court of Appeals and, pursuant to Rule 17 of the Tennessee Rules of Appellate Procedure, the cause is transferred to that court for appropriate review.

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