Walter Joshlin, et al. v. Hollis H. Halford, III, M.D., et al.

This appeal involves a failure to timely move for substitution of parties after the death of
one of the two plaintiffs. In a previous appeal, this Court directed the trial court, on remand,
to determine whether the plaintiff’s response to a motion to dismiss should be construed as
a motion for enlargement of time pursuant to Tennessee Rule of Civil Procedure 6.02, and
if so, to determine whether the plaintiff’s failure to timely move for substitution of the
parties pursuant to Tennessee Rule of Civil Procedure 25.01 was the result of excusable
neglect. On remand, the trial court determined that the plaintiff’s filing should be construed
as a motion for an enlargement of time. However, the trial court also found that the plaintiff
failed to timely move for substitution due to counsel’s misinterpretation of the law, which,
the trial court concluded, did not constitute excusable neglect. As such, the trial court
granted the defendants’ motion to dismiss for failure to timely substitute parties. The
plaintiff appeals. We affirm and remand for further proceedings.