Jaynes v. Douglas

Deen, Presiding Judge.

Plaintiffs in the court below bring this appeal from an order of the trial court granting defendant Douglas’ motion to dismiss him as a defendant. The order states that the motion was brought pursuant to CPA Rule 12 (b), (Code Ann. § 81A-112 (b)), and the court states that it made its rulings based upon evidence heard in chambers. Appellant contends that it was not served with notice of the motion, that the hearing of evidence by the trial judge required that the motion be treated as one for summary judgment and they must be given thirty days to present material…