Davis v. Iofredo

I respectfully dissent from the majority’s finding on appellants’ first assignment of error. I would reverse the trial court’s judgment for appellees in view of the fact that a trial court is without authority to sua sponte treat a brief for a temporary restraining order and preliminary injunction as a motion for summary judgment. In addition, the record does not indicate that either party made an application to the court for summary judgment, and the Supreme Court has held that Civ.R. 56 does not authorize courts to enter summary judgment in favor of a nonmoving party.

Appellants’ first…