CMT Investment Co. v. Automated Graphics Unlimited, Inc.

The sole ground for the motion at trial was that plaintiff had not obtained a court order to, as CMT put it, change its status from that of third-party defendant alone to that of third-party defendant as well as direct defendant. That is also its singular position here as indeed it must be because it cannot on appeal raise grounds which were not advanced in pursuit of its motion to dismiss the complaint against it below. H. W. Ivey Constr. Co. v. Transamerica Ins. Co., 119 Ga. App 794, 795 (168 SE2d 855) (1969); Ga. Grain &c. Co. v. First Ga. Bank, 142 Ga. App. 709 (2) (236 SE2d 913) (1977).…