Allera Corporation v. Derby Cycle Corporation

McMurray, Presiding Judge.

This is a suit on an account. After a trial before the court without a jury, the trial court entered judgment in favor of plaintiff Derby Cycle Corporation and against defendant Allera Corporation. Defendant appeals and enumerates as error the denial of its motion to dismiss and the entry of judgment in favor of plaintiff based upon insufficient evidence. Held:

1. As matters outside the pleadings were presented and considered by the trial court in relation to defendant’s motion to dismiss, it must be considered as a summary judgment motion. OCGA § 9-11-12 (b). See…