IN RE CONSERVATORSHIP OF MICHAEL S. STARNES - Articles

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Posted by: Stacey Shrader Joslin on Dec 11, 2014

Court: TN Court of Appeals

Attorneys 1:

Richard Glassman and Jonathan Stokes, Memphis, Tennessee, for the appellant, Mary Barker Starnes.

Attorneys 2:

John J. Heflin and John Marshall Jones, Memphis, Tennessee, for the appellee, Michael S. Starnes.

Judge(s): ARMSTRONG

This is a conservatorship case. Appellant, the only child of Appellee, sought a conservatorship over Appellee after Appellee suffered a stroke. Appellee filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss the petition. The trial court, in its memorandum opinion, denied the Appellee’s motion to dismiss, finding Appellant’s petition to appoint a conservator “legally sufficient.” In that same opinion, the trial court considered matters outside the pleadings, converted the motion to dismiss to a motion for summary judgment, and sua sponte granted summary judgment in favor of Appellee. Appellant appeals. Because Appellant was not, as required under Tennessee Rule of Civil Procedure 12.02, “given reasonable opportunity to present all material made pertinent to [the] motion by Rule 56,” we vacate and remand.

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