Re-Arguing the MSJ on a Motion to Settle Journal Entry Inbox x

I have a case where trial court granted overruled Defendant’s motion for summary judgment and ruled for me on a matter of law nobody argued. Defendant refused to sign the order and then responded to my motion to settle with a lengthy brief arguing the court had no authority to decide the legal issue without a “counter” motion having been filed. Did the court go wrong?

Answer: There is some authority that the court can grant summary judgment to the non-moving party. See: Kannady v. City of Kiowa, 590 F.3d 1161, 1171 (10th Cir. 2010): Weight of authority is court can grant SJ to non-moving party so long as adequate notice of issue is given to moving party, citing cases. See also: Dickeson v. Quarberg, 844 F.2d 1435, 1444 (10th Cir. 1988). As for the lengthy response, My guess is that the court will consider Defendant's submittal as a Motion for New Trial or Motion to Reconsider. You recall, of course, Judge Alley's famous piece suggesting courts really don't (and shouldn't) like such motions. 62 O.B.J. No. 2, 1/12/91: Alley, Judge Wayne E., Notice to Oklahoma Lawyers: (Cites other authorities that MtoReconsider are not looked upon w/favor.

I don't know whether it's in this piece but he once wrote something like "A motion to reconsider should be titled ‘Motion for the Court to declare it was stupid.’"