Maurice R. Lipsey, William Larry Cox, and Connie L. Cox, Appellants v. Karen Giles, Appellee

Summary

The court held that the circuit court improperly dismissed the class-action complaint sua sponte after considering deposition testimony and other matters outside the pleadings. The dismissal therefore had to be treated as summary judgment, but appellants were not given notice that summary judgment was under consideration or an opportunity to present evidence responding to the alleged lack of damages. The court reversed and remanded without reaching the ultra vires injunction issue.