NESS RACQUET CLUB, LLC v. OCEAN FOUR 2108, LLC, 36 Fla. L. Wkly D2205a (Fla. 3d DCA Oct. 5, 2011)

In this contract case, a developer moved for summary judgment against a buyer of a condominium. In what was initially a resounding victory for the buyer, the trial court not only denied the developer’s motion for summary judgment, but also sua sponte granted the buyer a summary judgment even though the buyer never moved for summary judgment. The appellate court reversed, holding, “Where a party has not filed a summary judgment motion or where no notice or opportunity to be heard has been given to the opposing side to present opposing affidavits, a trial court may not sua sponte grant summary judgment in favor of the non-movant.” (citing See Hotel 71 Mezz Lender, LLC v. Tutt, 36 Fla. L. Weekly D1672 (Fla. 3d DCA Aug. 3, 2011)).

 NESS RACQUET CLUB, LLC v. OCEAN FOUR 2108, LLC, 36 Fla. L. Weekly D2205a (Fla. 3d DCA Oct. 5, 2011)