Sua Sponte Grant of Summary Judgment to Defendant Reversed, Even Though Plaintiff Moved for Summary Judgment
The Court of Appeals reversed a sua sponte grant of summary judgment in 2200 Commercial Street Warehousing, LLC v. Hastings Development Co., Inc., No. 06-312 (4/11/07).
This case involved a dispute over whether an easement was conveyed with the sale of property. 2200 Commercial claimed there was an easement and moved for summary judgment. Hastings resisted the motion but did not cross move for summary judgment. The trial court sua sponte granted summary to Hastings.
The Court of Appeals reversed, finding that 2200 Commercial was not on notice that it needed to meet proof with proof in response to a motion for summary judgment. The fact that 2200 Commercial itself moved for summary judgment on the same issue was not enough notice for Hastings. The court noted that, if another defendant had moved for summary judgment, the sua sponte summary judgment to Hastings would have been appropriate.
