Huff-Cook, Inc., et al. v. Dale, et al.
| Docket Number: | 2004-CA-00617-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-05-2005 Opinion Author: Randolph, J. Holding: Vacated and Remanded |
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| Additional Case Information: |
Topic: Insurance - Conversion of motion for judgment on the pleadings into motion for summary judgment - M.R.C.P. 12(c) - M.R.C.P. 56 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 02-17-2004 Appealed from: Hinds County Chancery Court Judge: William H. Singletary Disposition: Without prior notice the chancery court, sua sponte, converted the Rule 12(c) motion for judgment on the pleadings into a Rule 56 motion for summary judgment and entered an order granting summary judgment in favor of Commissioner Dale, thereby dismissing Claimants’ petition for declaratory relief and finding, as a matter of law, that Claimants’ theory of recovery was improper due to the Liquidation Act’s comprehensive nature. The court also found that Claimants are no different than any other claimant and are therefore, subject to the Liquidation Act. Case Number: G99-908 S/2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Huff-Cook, Inc. (Settlers Life Insurance Company), Peoples Benefit Life Insurance Company and Veterans Life Insurance Company |
ALEX A. ALSTON, JR., BRIAN I. HAYS, RANDALL A. HACK, FORREST B. LAMMIMAN |
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| Appellee: | George Dale, Commissioner of Insurance of the State of Mississippi, in His Capacity as Liquidator of First National Life Insurance Company of America, Mississippi Life and Health Insurance Guaranty Association and National Organization of Life and Health Insurance Guaranty Associations | REBECCA SUZANNE BLUNDEN, CHARLES G. COPELAND, DAVID L. MARTIN, RICKY G. LUKE, KRISTINA M. JOHNSON, C. YORK CRAIG, JR. |
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| Topic: | Insurance - Conversion of motion for judgment on the pleadings into motion for summary judgment - M.R.C.P. 12(c) - M.R.C.P. 56 |
| Summary of the Facts: | First National Life Insurance Company of America was liquidated because of a scheme to defraud companies out of hundreds of millions of dollars. Huff-Cook, Inc., Peoples Benefit Life Insurance Company, and Veterans Life Insurance Company filed claims in the FNL’s liquidation estate for the respective amounts they paid to FNL. The liquidation estate accepted and classified the claims as Class 6 priority. These claimants filed a petition for declaratory relief in FNL’s liquidation proceeding asking the court to impose constructive trusts in their favor over certain properties that they allege are traceable as their transferred funds, or alternatively, to declare their classification as secured creditors, which is above Class 6 for the distribution of the liquidation estate assets. George Dale, the Commissioner of Insurance for the State of Mississippi filed his answers and defenses asking the trial court to dismiss the petition. The Liquidator filed a motion for protective order, stay and discovery conference seeking a stay of deposition discovery on the basis that the Liquidator possibly intended to file a M.R.C.P. 12(c) motion for judgment on the pleadings. The Liquidator later filed a Rule 12(c) motion for judgment on the pleadings as to the declaratory petition of claimants. The court, sua sponte, converted the Rule 12(c) motion for judgment on the pleadings into a Rule 56 motion for summary judgment and entered an order granting summary judgment in favor of Commissioner Dale, thereby dismissing claimants’ petition for declaratory relief and finding, as a matter of law, that claimants’ theory of recovery was improper due to the Liquidation Act’s comprehensive nature. The court entered a 54(b) final judgment dismissing claimants’ petition for declaratory relief. The claimants appeal. |
| Summary of Opinion Analysis: | The claimants argue that the court erred in converting, sua sponte, Commissioner Dale’s Rule 12(c) motion for judgment on the pleadings into a Rule 56 motion for summary judgment without giving them the required notice and an opportunity to present evidence outside of the pleadings in support of their claim. Unlike a Rule 56 motion for summary judgment, a Rule 12(c) motion for judgment on the pleadings is decided on the face of the pleadings alone. A motion for judgment on the pleadings may be treated as one for summary judgment under Rule 12(c). Even if the trial judge, sua sponte, converts a Rule 12 motion into a Rule 56 motion for summary judgment, Rule 56 requires ten days’ notice of the trial court’s intention to conduct a summary judgment hearing on a date certain. Whenever a motion for judgment on the pleadings is converted into a summary judgment motion, the requirements of Rule 56 become operative; and therefore, it is important for the court to give the parties notice of the changed status and a reasonable opportunity to present all material made pertinent to such motion by Rule 56. Here, the parties agree that no evidence outside the pleadings was admitted or argued at the hearing. Commissioner Dale had not filed a motion for summary judgment, nor did he contend that he was before the trial court on a summary judgment hearing. Furthermore, the claimants were not given ten-days’ notice that the judge, sua sponte, intended to convert the Rule 12(c) motion into a Rule 56 motion. Therefore, the judgment of the court is vacated and the case remanded for further proceedings. |
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