S. Ct. Civ. No. 2015-0021

Considering the plaintiff corporation's appeals from Superior Court orders dated June 24, 2013 and September 2, 2014, holding that its claims against the defendant were barred by the applicable statute of limitations, the Superior Court erred in converting the defendant's motion for judgment on the pleadings to a motion for summary judgment without first giving the corporation notice and a chance to respond. The Superior Court also erred in later granting summary judgment to the defendant on the remaining claims of the corporation's complaint because the defendant failed to meet his initial burden at summary judgment regarding the corporation's claim that it was unaware of the defendant's conduct until 2011 and that the applicable statute of limitations was tolled as a result via the discovery rule. The Superior Court's June 24, 2013 and September 2, 2014 orders are reversed and the case is remanded for further proceedings.