Industrial Underwriters, Inc. v. Jks, Inc.

When counsel for the parties appeared on the day set for trial, and before the jury had been impaneled, the trial judge announced that he was prepared to grant summary judgment 1 for defendant Empire Fire, although no motion had been made. Defendant’s counsel propitiously stated, “I so move.” Plaintiffs counsel objected, stating that he was there to start trial and would like to do so. Although the court permitted plaintiff to add what it wanted to the record over the next several weeks, the court decided on that day to grant the motion.

We agree with plaintiff that the case was not in a…