Brown v. Banta

OPINION

ROBERTSON, Judge.

Marilyn and Gary P. Brown [Brown] appeal the summary judgment entered against them in their medical malpractice action against Ronald L. Banta, D.P.M. [Doctor], The essential issue raised on appeal is whether the trial court erred by striking Brown’s response (and designated materials) to Doctor’s motion for summary judgment filed the day before the hearing scheduled on the motion. We affirm.

FACTS

The facts in the light most favorable to the nonmovant Brown reveal that Doctor allegedly committed malpractice in performing surgery on Marilyn Brown’s feet and in advising…