Newsrack Supply, Inc. v. Heinle
Court of Appeals of Georgia
1Opinion of the Court
Pannell, Judge.
1. On the hearing on the motion to dismiss the complaint because of failure to state a claim, evidence was introduced and admitted by the court, converting the motion to dismiss to one of summary judgment. Kell v. Georgia Power Co., 124 Ga. App. 237 (183 SE2d 511); Daylight Industries, Inc. v. Allen, 123 Ga. App. 69 (179 SE2d 542). The overruling of the motion, therefore, was the overruling of a motion for summary judgment and there being (a) no direct appeal from that judgment, nor (b) a proper certificate for review, this court is without jurisdiction to pass upon the…
Also in this document: Concurrence.
2Cases cited8 opinions
- Wells v. Fay & Egan Co.Supreme Court of Georgia · 1915
- Moulder v. SteeleCourt of Appeals of Georgia · 1968
- Rustin Oldsmobile, Inc. v. KendricksCourt of Appeals of Georgia · 1971
- Foskey v. StateCourt of Appeals of Georgia · 1967
- Daylight Industries, Inc. v. AllenCourt of Appeals of Georgia · 1970
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3Cited by11 opinions
- Sands v. Lamar Properties, Inc.Court of Appeals of Georgia · 1981
- Jaynes v. DouglasCourt of Appeals of Georgia · 1978
- Mullins v. BelcherCourt of Appeals of Georgia · 1981
- Burry v. DeKalb CountyCourt of Appeals of Georgia · 1983
- Quality Wood Chips, Inc. v. AdolphsenMissouri Court of Appeals · 1982
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