Demmert v. Kootznoowoo, Inc.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The superior court converted a motion for judgment on the pleadings to a motion for summary judgment and granted the motion without advance notice of the conversion. The question in this case is whether this was reversible error. We answer in the affirmative, because the. opposing party was not given a reasonable opportunity to oppose the motion as a motion for summary judgment.

II. FACTS AND PROCEEDINGS

In order to impart an understanding of what occurred, it is necessary to describe the proceedings below in some detail. In this class action, certain…