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Chapman v. Bearfield8/16/2005
s before the hearing and it suffered the same technical deficiency as Plaintiffs' original affidavit. To hold otherwise would allow a movant to file a perfunctory affidavit when he files his motion for summary judgment and wait until two days, or even one day, before the hearing to file a much more detailed affidavit thereby preventing the adverse party from either complying with the requirements of Rule 56.04 or effectively addressing those matters raised in the movant's amended affidavit. We, therefore, vacate the grant of summary judgment.
Our resolution of Plaintiffs' first three issues renders the remaining issues moot. We vacate the Trial Court's October 18, 2004 order in its entirety. Our resolution of this appeal is to be taken in no way as any commentary as to the validity or invalidity of Plaintiffs' claim against Defendant. Although we do not directly address the issue of whether the Trial Court erred in not staying this case pending a resolution of the underlying medical malpractice action, we suggest that this would be an appropriate situation in which to exercise the conservation of scarce judicial resources. See Carvell v. Bottoms, 900 S.W.2d 23 (Tenn. 1995).
Conclusion
The judgment of the Trial Court is vacated, and this cause is remanded to the Trial Court. The costs on appeal are assessed against the Appellee, Rick J. Bearfield.
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