Robinson v. Robinson

Banke, Chief Judge.

The defendants in this medical malpractice action moved for summary judgment based on a sworn affidavit to the effect that no negligence had occurred and also on a statute of limitation defense. On the day of the hearing, the defendants were served with an opposing medical affidavit which the plaintiff had filed with the court on the previous day. The defendants moved the trial court to strike this opposing affidavit on the grounds that it was not timely served and was based on medical records which were not properly sworn to or certified. In three separate orders, the…