9766 LLC v. Dwarf House Inc.

9766, LLC appeals from the trial court’s order dismissing its claims against Dwarf House, Inc. regarding an easement over Dwarf House’s property and alternatively granting summary judgment to Dwarf House on the easement claim.1 9766 contends that the trial court erred by sua sponte dismissing its complaint on the grounds that it was not properly commenced or properly served and by precluding 9766 from introducing evidence to support its express easement claim. We agree that the trial court erred by dismissing 9766′s complaint. We also conclude that the trial court erred by granting summary judgment because unresolved issues remain as to whether 9766 had an express easement claim. Accordingly, we reverse and remand the case for the trial court to address the issues raised by the parties in connection with Dwarf House’s motion for summary judgment.

“We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant.” Herren v. Mitchell Elec. Membership Corp., 323 Ga. App. 517 747 SE2d 63 2013 citation omitted.