Harbin Lumber Co. v. Fowler

McMurray, Judge.

This appeal is from an order of the trial court dismissing plaintiffs complaint. It is quite clear the court *168considered defendant’s motion to dismiss after hearing evidence, thus converting the motion into one for summary judgment (see Code Ann. § 81A-112 (b); CPA § 12; Ga. L. 1966, pp. 609, 622; 1967, pp. 226, 231; 1968, pp. 1104, 1106; 1972, pp. 689, 692, 693), although the record does not disclose whether or not there was notice and hearing as required giving all parties a reasonable opportunity to present all materials pertinent to the motion under Code Ann. § 81A-156…