Summerlin v. BEACON INVESTMENT COMPANY, INC.

Bell, Presiding Judge.

It is unnecessary for us to decide whether the court erred in ordering the motion to dismiss to be treated as one for summary judgment and directing the parties to file evidentiary material. The defendant acquiesced in the order, participated in the proceeding, and himself in his written objections filed to the admission of portions of the stipulation identified his motion as “defendant’s motion for summary judgment.” No ruling of the trial court was invoked on the point. If the order was erroneous, the defendant by his actions waived all objections. This situation…