SHARON M. SMITH, ET AL. V. READ HAUCK, ET AL. - Articles

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Posted by: Tanja Trezise on Mar 26, 2015

Court: TN Court of Appeals

Attorneys 1:

George R. Fusner, Jr., Brentwood, Tennessee, for the appellants, Sharon M. Smith, Jennifer A. Mortimer and James L. Mortimer.

Attorneys 2:

James P. Catalano, Nashville, Tennessee, for the appellee, St. Jude Medical S.C., Inc.

Judge(s): GOLDIN

The trial court granted Defendant/Appellee‘s motion to dismiss based upon expiration of the applicable statute of limitations and made its judgment final pursuant to Tennessee Rule of Civil Procedure 54.02. Because we find that the trial court considered matters outside the pleadings in ruling on Defendant/Appellee‘s motion to dismiss we converted it to a motion for summary judgment. We reverse the judgment of the trial court and remand for further proceedings.

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