Mac's Car City, Inc. v. DeNigris

The plaintiff appeals the trial court’s granting of summary judgment in favor of the defendants.1 The plaintiff contends that the trial court improperly rendered summary judgment on a ground not raised in the pleadings.

*527On November 7,1986, the plaintiff brought an action against the named defendant, an attorney, and his law firm. In its first count, the plaintiff alleged, inter alia, that on or about July 28,1980, the American National Bank brought suit against it for the amount due on a promissory note. It was alleged that between July 28, 1980, and August 5, 1980, the plaintiff’s president,…