Fleming v. Caras

Pope, Judge.

This appeal arises from an action brought by appellant to recover on certain promissory notes. Appellant appeals from an order of the trial court granting appellees’ motions to dismiss. Although purporting to grant the motions to dismiss, the order recites that the court “considered the briefs filed by the parties and the arguments of counsel.. . and the affidavits, depositions, and other evidence in the record, and . . . treated [appellees’] Motions to Dismiss as alternatively Motions for Summary Judgment under Rule 56 of the Georgia Civil Practice [A]ct.”

Appellant enumerates two…