Tyler v. Grantham

ORDER OF DISMISSAL.

On June 16, 1994, this court ordered the parties to show cause why the trial court’s judgment was a proper declaratory judgment, and why that judgment should not be vacated on the basis that declaratory judgment actions cannot be used to try issues involved in pending eases. Having reviewed the parties’ responses to the show cause order, and having considered the peculiar circumstances presented, we conclude that the judgment on the issue of prescription for purposes of medical malpractice was improperly rendered as a declaratory judgment in a separate legal action outside…