(DOWNLOAD) "Finn v. Gunter" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Finn v. Gunter
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 12, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
FAY, Circuit Judge: Appellant, Harry Joseph Finn d/b/a University Insurance appeals two separate orders by the United States District Court for the Northern District of Florida granting summary judgment. The district court sua sponte converted a Rule 12(b)(6) motion to dismiss into a summary judgment motion and did not give the appellant the 10 day notice required by Rule 56(c) before granting partial summary judgment. The findings made in this order were the basis for the court's final summary judgment order. Since it is well established in this circuit that we strictly enforce the notice requirement of Rule 56(c), Herron v. Beck, 693 F.2d 125 (11th Cir.1982), we reverse both orders and remand for further proceedings consistent with this opinion.
 "Finn v. Gunter" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free){kind=link}