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AUERBACK v. MASLIA

53648.

142 Ga. App. 184 (1977)

235 S.E.2d 594

AUERBACK v. MASLIA et al.

Court of Appeals of Georgia.

Decided April 19, 1977.

Rehearing Denied May 4, 1977.

Attorney(s) appearing for the Case

Kaler, Karesh & Frankel, Ira L. Rachelson, Jerry L. Sims, for appellant.

Marvin P. Nodvin, for appellees.

DEEN, Presiding Judge.

1. We agree with the appellees that the motion granted by the trial court was in fact a motion for judgment on the pleadings. The hearing was scheduled two days after the motion was made; in the absence of waiver this would be impermissible if the motion were one for summary judgment. Register v. Kandlbinder, 231 Ga. 786 (1 c) (204 S.E.2d 145).

2. Judgment on...

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