Legal Opinion
Brackett v. HR BLOCK & COMPANY
Court of Appeals of Georgia
Decided February 4, 1969No. 44182PublishedCited by 9 opinions
1Opinion of the Court
Deen, Judge.
1. Where a motion to dismiss the plaintiff’s petition for failure to state a claim on which relief may be granted (Code Ann. § 81A-112 (b) (6)) is supported by affidavits or depositions it should be treated as a motion for summary judgment. Suckow Borax Mines Consolidated v. Borax Consolidated, 185 E2d 196. Where, however, no motion for summary judgment is made, and where it appears from the order of the trial court that judgment was entered on consideration of the petition only, without reference to the defendant’s pleadings or the affidavit contained in the record, the appellate…
2Cases cited5 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harper v. DeFreitasCourt of Appeals of Georgia · 1968
- Hunter v. A-1 Bonding Service, Inc.Court of Appeals of Georgia · 1968
- Byrd v. Ford Motor Co.Court of Appeals of Georgia · 1968
- American Southern Insurance Company v. KirklandCourt of Appeals of Georgia · 1968
3Cited by9 opinions
- Ledford v. MeyerSupreme Court of Georgia · 1982
- Smith v. General Apartment Co.Court of Appeals of Georgia · 1975
- Jankowski v. Taylor, Bishop & LeeCourt of Appeals of Georgia · 1980
- Lowe v. StateSupreme Court of Georgia · 1997
- McGill v. ALLIS-CHALMERS CREDIT CORPORATIONCourt of Appeals of Georgia · 1975
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