RICHARD B. GREEN AND RAYMOND M. GREEN
v.
MARGARET GREEN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF QUENTIN L. GREEN
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A trial court violates due process and proper procedure when it grants summary judgment on an issue not raised in the moving party's motion.
[1] A trial court lacks authority to grant summary judgment on issues not raised in the moving party's motion for summary judgment, and doing so violates the non-moving party…
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Join FLexlaw to unlock all legal intelligenceRichard and Raymond Green appealed a trial court's order granting partial summary judgment in favor of Margaret Green, individually and as personal re…
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PER CURIAM.
Richard and Raymond Green (“Appellants”) appeal the trial court’s order granting partial summary judgment in favor of Margaret Green, individually and as personal representative of the estate of Quentin Green (“Appellee”). We agree with Appellants that the trial court violated their due process rights and proper procedure by ruling on an issue not raised in Appellee’s motion for partial summary judgment. Accordingly, we reverse and remand to the trial court with instructions to vacate the order.1
REVERSED AND REMANDED.
EVANDER, COHEN and TRAVER, JJ., concur. 1 We offer no opinion as to the merits of the trial court’s ruling.