Barber v. Collins

Beasley, Judge.

Barber appeals from the grant of the motion to dismiss his complaint. For previous history in this case see Barber v. Collins, 194 Ga. App. 385 (390 SE2d 633) (1990). After the return of the remittitur to the trial court, Barber’s complaint was filed along with a document he denominated a “motion for summary judgment,” which actually sought a judgment on the pleadings based on the answer being in default. Collins, the revenue commissioner, filed an answer and a motion to dismiss the complaint which primarily focused on the “motion for summary judgment,” treating it as the…