Blackrock Capital Investment Corp. v. Jerry Fish

In the majority’s apparent eagerness to nullify the substantive agreements at issue, it *106completely fails to appreciate the constitutionally significant procedural infirmity in the circuit court’s grant of summary judgment. Without any justification, the circuit court sua sponte constricted a briefing deadline—a deadline the parties had been operating under for nearly five months—and summarily granted a motion for summary judgment without first permitting Blackrock to file its brief in opposition. In so doing, the circuit court gave the motion’s opponents only two days from receipt of the…