In re Schradieck

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, though trial court may in some circumstances raise issue of summary judgment sua sponte, “[s]ummary judgment should not be granted . . . unless the losing party has been given an opportunity to demonstrate that there are genuine material issues for trial.”
• noting that summary judgment is procedurally appropriate where the record reflects “the losing party’s inability to enhance the evidence supporting its position and the winning party’s entitlement to judgment”
• in such a setting, “great care must be exercised to assure that the original movant has had an adequate opportunity to show that there is a genuine issue and that his [or her] oppo- nent is not entitled to judgment as a matter of law”

Source: CourtListener parenthetical corpus (CC0).