Legal Opinion
Finn v. Gunter
Court of Appeals for the Eleventh Circuit
Decided January 12, 1984No. Nos. 82-5540, 83-3051PublishedCited by 31 opinions
1Opinion of the Court
FAY, Circuit Judge:
Appellant, Harry Joseph Finn d/b/a University Insurance appeals two separate orders by the United States District Court for the Northern District of Florida granting summary judgment. The district court sua sponte converted a Rule 12(b)(6) motion to dismiss into a summary judgment motion and did not give the appellant the 10 day notice required by Rule 56(c) before granting partial summary judgment. The findings made in this order were the basis for the court’s final summary judgment order. Since it is well established in this circuit that we strictly enforce the notice…
2Cases cited9 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Merritt-Chapman & Scott Corp. v. United StatesSupreme Court of the United States · 1967
- Georgia Southern and Florida Railway Company v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1967
- Moses Davis, Jr., for Themselves Individually and as Members and Representatives of a Class of Other Persons Similarly Situated v. James HowardCourt of Appeals for the Fifth Circuit · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Jack Griffith v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1985
- Richard James Booth v. The United StatesCourt of Appeals for the Federal Circuit · 1993
- Albert Jones, Plaintiff-Counter-Defendant-Appellant v. The Automobile Insurance Company of Hartford, Connecticut, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Burns v. Gadsden State Community CollegeCourt of Appeals for the Eleventh Circuit · 1990
- David v. American Suzuki Motor Corp.District Court, S.D. Florida · 2009
26 more not listed; retrieve them via the Exa API.