Salem Bank and Trust Company v. Edgar D‪.‬

Appellant seeks transfer from a unanimous opinion of District One of the Court of Appeals. Appellant sought a determination as to whether the trial court properly granted defendant-appellees' motion to dismiss. The Court of Appeals properly held that as the trial court had before it interrogatories, the motion to dismiss should have been considered as a motion for summary judgment under IND. RULES OF PROC., Rule TR. 56, IC 1971, 34-5-1-1. In the trial court plaintiff-appellant filed what was denominated Motion for Order Compelling Answers to Interrogatories, the seventh paragraph of which reads as follows: