Berry v. Slack

2 Citing cases

  1. Skala v. Comfort Sys. U.S.

    2024 Ark. App. 599 (Ark. Ct. App. 2024)

    When ruling on a motion for summary judgment, a circuit court cannot grant relief beyond that prayed for in the motion. Young v. Staude, 280 Ark. 298, 657 S.W.2d 542 (1983); Berry v. Slack, 2023 Ark.App. 415, 677 S.W.3d 222; see also Matsukis v. Joy, 2010 Ark. 403, 377 S.W.3d 245 (reversing the circuit court's sua sponte grant of summary judgment). Thus, we hold that the circuit court erred when it sua sponte granted summary judgment to Comfort Systems.

  2. Skala v. Comfort Sys. U.S.

    2024 Ark. App. 491 (Ark. Ct. App. 2024)

    When ruling on a motion for summary judgment, a circuit court cannot grant relief beyond that prayed for in the motion. Young v. Staude, 280 Ark. 298, 657 S.W.2d 542 (1983); Berry v. Slack, 2023 Ark.App. 415, 677 S.W.3d 222; see also Matsukis v. Joy, 2010 Ark. 403, 377 S.W.3d 245 (reversing the circuit court's sua sponte grant of summary judgment). Thus, we hold that the circuit court erred when it sua sponte granted summary judgment to Comfort Systems.