Pat Matsukis, Karen Linblad, Rae Hahn, Lany B Afiance, and Charlie Wurmnest v. Dani Joy

Summary

The court held that the circuit court improperly dismissed the amended complaint after considering matters outside the pleadings without a properly filed motion for summary judgment or adequate notice that the appellants would need to respond with evidence. Because the circuit court's action effectively constituted a sua sponte grant of summary judgment and denied appellants an opportunity to meet the appellees' proof, the dismissal was reversible error. The judgment was reversed and the case remanded without reaching the appellants' remaining arguments.