Studenic v. Birk

Smith, Chief Judge.

This appeal primarily addresses the issue of whether appellant Elizabeth Studenic was given adequate opportunity to respond to issues not previously addressed by the parties but raised by the trial court on the day trial was scheduled to begin. Basing its conclusion on legal issues never raised by the parties before that time, the trial court entered judgment against Studenic. Because we conclude that the trial court’s decision constituted a sua sponte grant of summary judgment to the opposing party and that Studenic was not given adequate opportunity to respond to the…