Gordon v. Southeastern Fidelity Insurance

Carley, Judge.

Appellant-plaintiff in this declaratory judgment proceeding is insured by appellee-defendant. The petition sought a declaration as to the parties’ respective rights and duties with regard to the conduction of a medical examination of appellant. Appellee moved to dismiss appellant’s petition for declaratory judgment. The trial court granted the motion after considering the entire record and argument of counsel. The grant of the motion to dismiss was therefore, in effect, a grant of summary judgment. Ellis v. Major Gas & Oil Co., 154 Ga. App. 34 (267 SE2d 485) (1980).

The record…