Todd v. Waddell

Deen, Judge.

The first question for decision is the scope of the judgment of dismissal. The remedy of nonsuit as formerly available under Code § 110-310 no longer exists. Code Ann. § 81A-201 (dd). A motion for judgment on the pleadings, where factual material is considered by the trial judge without objection, should be treated as a motion for summary judgment (Code Ann. § 81A-112) but such a motion should be made “within such time as not to delay the trial” and accordingly would be inappropriate here. Code Ann. § 81A-141(b) provides for a motion to dismiss at the close of the plaintiff’s…