Jeffrey Moss, acting as trustee and attorney-in-fact for Louis Moss, sought declarations concerning a family trust, powers of attorney, and the use of trust assets. Jennifer McIntyre, who lived in the grantor’s home, challenged Moss’s authority and alleged undue influence, deceit, and breaches of fiduciary duty. The trial court entered summary judgment declaring Moss’s authority and, on its own initiative, ruled that McIntyre had forfeited all interests and rights under the trust’s in terrorem clause. The Court of Appeals vacated. It held that a court may grant summary judgment on its own initiative only after giving the affected party full and fair notice and a final opportunity to respond. McIntyre had not been told that forfeiture would be decided, and the record did not show that she had an opportunity to address that theory. The court remanded for proceedings consistent with proper notice, leaving the underlying trust and authority disputes for the trial court.