Rose v. Ryan

Andrews, Judge.

Mr. and Mrs. Rose were injured in an automobile accident with Richard James Ryan, Jr., on June 14, 1988. They appeal from the court’s entry of summary judgment on defendant Ryan’s motion to dismiss or for summary judgment based on the grounds of insufficiency of service and the statute of limitation.

1. Affidavits and deposition testimony were considered, converting the motion to one for summary judgment. Brooks v. Boykin, 194 Ga. App. 854, 855 (1) (392 SE2d 46) (1990).

Viewed in favor of the Roses, opponents of summary judgment, the evidence was that the complaint alleging…