Raintree Homeowners Ass'n v. Raintree Corp.

HEDRICK, Judge.

Plaintiffs first ask us to consider whether it was error for the trial court to permit the filing of affidavits supporting defendant’s motion for summary judgment.

Plaintiffs point out that the trial court’s order, “That defendant’s motion to dismiss and for summary judgment as to the complaint be granted and that the complaint and each claim thereunder be dismissed” is unclear as to whether it is based on the pleadings alone or whether matters outside the pleadings were considered. Because the trial court allowed the filing of the affidavits without limiting their use,…