Dodson v. Phagan

Bell, Chief Judge.

1. The motion to dismiss the appeal is denied.

2. In denying a motion to dismiss plaintiff’s complaint, matters outside the pleadings were considered and the trial court treated it as a motion for summary judgment. Code Ann. § 81A-112 (c). No certificate of review was issued and the case proceeded to trial and judgment. Defendant now on appeal enumerates as error the denial of his motion for summary judgment. An order denying summary judgment is not subject to review by direct appeal or otherwise in the absence of a certificate for review by the trial judge within 10 days of…