DeSoto Healthcare, Inc. v. Conley


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Docket Number: 2008-IA-01762-SCT
Linked Case(s): 2008-IA-01762-SCT
Supreme Court: Opinion Link
Opinion Date: 06-03-2010
Opinion Author: Pierce, J.
Holding: As to 2008-CA-00688-SCT - Estate of Johnson v. Graceland Care Center of Oxford, LLC; Reversed and Remanded. As to 2008-IA-01762-SCT- Desoto Healthcare, Inc. v. Conley; Affirmed and Remanded. As to 2008-CA-00688-SCT - Appellees taxed with costs of appeal. As to 2008-IA-01762-SCT - Appellant taxed with costs of appeal.
Additional Case Information: Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - WRONGFUL DEATH
Trial Court: Date of Trial Judgment: 10-02-2008
Appealed from: DeSoto County Circuit Court
Judge: Robert P. Chamberlin
Disposition: DeSoto Healtchare filed a Rule 12(b)(6) motion to dismiss the suit on June 18, 2008, alleging that all of the plaintiff’s claims arose out of an alleged medical-malpractice action, and the complaint was time-barred by the medical-malpractice statute of limitations. After a hearing on the matter, the trial court entered an order denying DeSoto Healthcare’s motion on October 2, 2008.
Case Number: CV2008-0175CD
  Consolidated: Consolidated with 2008-CA-00688-SCT; The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTC, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center




 THOMAS L. KIRKLAND, ANDY LOWRY



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: Timothy Conley BOBBY F. MARTIN, JR.  


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