Callahan v. Rogers

JOHNSON, Judge.

Plaintiff contends that the trial court erred in granting defendant’s motion to dismiss her action based on the three-year statute of limitations, where the evidence tended to show that plaintiff filed the action pursuant to the continued course of treatment exception. We agree.

When the trial court granted defendant’s motion to dismiss, it also considered plaintiffs pre-trial deposition, in addition to the pleadings. Thus, defendant’s motion to dismiss was converted to a motion for summary judgment when matters outside the pleadings were presented to and not excluded by the…