¶1ORDER DENYING MOTION FOR REHEARING
¶2THIS MATTER comes before the court on defendant’s motion for rehearing. Defendant requests that we reconsider three issues. After consideration of defendant’s motion, we determine that issues one and three have been sufficiently elucidated in our opinion.
¶3In his second point, defendant raises, for the first time, Dr. Smialek’s immunity based on non-involvement. Defendant asserts that it is “common knowledge in the legal community” that Dr. Smialek succeeded Dr. Weston whom defendant alleges made the final decision to perform the autopsy. Accordingly, defendant asserts that Dr. Smialek was not the medical investigator at the time of the incident in question; that there is no possibility that he can be found to have injured plaintiffs; and that there is, therefore, no case or controversy between the plaintiffs and Dr. Smialek. These assertions, if true, may provide defendant with the relief requested. It is inappropriate, however, to raise such factual determinations in the appellate court on a motion for rehearing. These matters are properly presented to the trial court by appropriate motion.
¶4IT IS ORDERED that the motion for rehearing be denied.
¶5IT IS SO ORDERED.