Auerback v. Maslia

Deen, Presiding Judge.

We agree with the appellees that the motion granted by the trial court was in fact a motion for judgment on the pleadings. The hearing was scheduled two days after the motion was made; in the absence of waiver this would be impermissible if the motion were one for summary judgment. Register v. Kandlbinder, 231 Ga. 786 (1 c) (204 SE2d 145).

Judgment on the pleadings may be granted only where it appears from the pleadings themselves that the person against whom judgment is sought can in no event prevail. McClure v. Leasco Computer, Inc., 134 Ga. App. 871, 873 (216 SE2d…