![]() ![]() Specifically, the court considered a copy of a doctor’s letter submitted by father, three affidavits submitted by father (two from doctors), the guardian ad litem report, and Dr. The trial court concluded that daughter’s petition was “legally sufficient and adequately set forth the requisite requirements for a petition to appoint a conservator” pursuant to Rule 12.02(6), but then went on to acknowledge that it considered evidence outside the pleadings and thus converted the motion, sua sponte, to one for summary judgment pursuant to Rule 56. The next month the judge issued an opinion and order dismissing daughter’s conservatorship petition. In September 2013, the trial court held a hearing on father’s motion to dismiss. ![]() Golden issued a report stating that father was “capable of making decisions directing his own affairs.” Daughter, on appeal, alleges that this report is not supported by an accompanying affidavit and relies largely on hearsay. In an in-chambers conference with counsel, the trial judge determined that a physician should review father’s medical records, and the court chose a Dr. Daughter filed an objection to this report, and father renewed his motion to dismiss. ![]() After appointment and his own discovery, the guardian ad litem filed a report finding that father did not need a conservator. Father filed a motion to dismiss, which the court declined to rule on until a guardian ad litem had been appointed. Petitioner in the Starnes case was a daughter who alleged that her father needed a conservator after his health declined following a stroke. 10, 2014), because the trial court did not permit proper discovery before granting a motion it had converted from a motion to dismiss into a motion for summary judgment. The Court of Appeals recently overturned such a summary judgment in In Re Conservatorship of Starnes, No. In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous care.” Thomas v. ![]()
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