Dwain Lee Kirkland, pro se, appeals the denial of his motion for summary judgment and the grant of summary judgment to his mother, Ruby Kirkland, whom Dwain sued individually and in her capacity as executor of his father’s estate, alleging various tortious conduct. Dwain contends that the trial court erred by 1 denying two recusal motions, 2 relying on Ruby’s affidavit filed in response to Dwain’s motion for summary judgment, 3 ruling that his personal injury claims were time barred, 4 ruling that his claim based on post traumatic stress disorder PTSD was not a continuing tort, 5 and granting summary judgment on his breach of contract claim. For the reasons that follow, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1 So viewed, the record shows that in July 2004, Dwain, then a forty-nine-year-old, filed a complaint against his mother and his deceased father’s estate, alleging various tortious acts committed during his childhood which amounted to intentional and negligent infliction of emotional distress, assault, battery, and breach of contract. Dwain also alleged that he now suffers from PTSD due to the physical and verbal abuse he received as a child, and that Ruby threatened to kill him in 2004, just prior to his filing of the lawsuit. After deposing Dwain, Ruby moved for summary judgment, arguing that Dwain’s claims were time-barred by the two-year statute of limitations in OCGA § 9-3-33. Dwain then moved for summary judgment, and Ruby responded with an affidavit denying Dwain’s factual allegations. After a hearing, the trial court granted Ruby’s motion and denied Dwain’s motion, giving rise to this appeal.
1. During the discovery process, Dwain moved to recuse Judge Hodges, who was assigned this case and who had apparently earlier heard a separate case in which Dwain appealed a probate court ruling on Dwain’s caveat to his father’s will. Judge Bailey held a hearing on Dwain’s motion and subsequently denied Dwain’s motion to recuse Judge Hodges. Dwain then filed a motion to recuse Judge Bailey, who denied that motion as untimely. Dwain now appeals the denial of both motions to recuse.
