Wisenbaker v. Wisenbaker

Undercofler, Justice.

This appeal is from the grant of a motion to dismiss. It appears from the order that the trial court in passing upon the motion considered certain depositions. The trial court was authorized to consider this evidence as shown by written stipulation of counsel dated February 19, 1971. We conclude, therefore, the motion to dismiss was treated as a motion *611for summary judgment. Code Ann. § 81A-112 (b) (Ga. L. 1966, pp. 609, 622; 1967, pp. 226, 231; 1968, pp. 1104, 1106).

Argued April 13, 1971 Decided May 6, 1971 Rehearing denied May 20, 1971. Burch & Boswell, John S. Boswell,…