Mercier, Judge. This appeal stems from a dispossessory action Jacob Wright filed against Kimberly Roney in the Magistrate Court of Fulton County. Roney subsequently filed an answer and counterclaim seeking damages for slander and wrongful eviction. While the action was pending, Roney filed for bankruptcy and received a discharge.[1] Thereafter, Wright filed a motion to dismiss the case and counterclaims due to Roney’s bankruptcy discharge, which the trial court granted. Roney appeals the grant of the motion to dismiss, contending that the trial court erred by granting the motion before she had an opportunity to respond and by granting the motion in general. Because the trial court failed to give Roney notice and an opportunity to present evidence after the motion to dismiss was converted into a motion for summary judgment, we vacate the judgment and remand this case for further proceedings. To evaluate a motion to dismiss, a trial court must accept the plaintiff’s claims as true and determine whether the complaint states a cause of action. See Simmons v. Brady, 251 Ga. App. 717, 718 (1) (555 SE2d 94) (2001). We review de novo the trial court’s ruling on a motion to dismiss. See Cumberland Contractors v. State Bank & Trust Co., 327 Ga. App. 121, 126 (2) (755 SE2d 511) (2014). Wright filed the dispossessory action in the Magistrate Court of Fulton County against Roney claiming past due rent and seeking possession of the property. Roney filed an answer and counterclaim stating that she was current on her rental payments, that Wright had called her employer and falsely accused her of selling drugs, that she was subsequently suspended indefinitely without pay, and as a result of Wright’s actions she suffered physical and emotional distress. She also claimed that Wright contacted the police and falsely reported that she was trespassing on the property and also told her neighbors that she was dealing drugs and had outstanding arrest warrants. Roney sought punitive damages, along with damages for slander, her lost wages, and physical and mental distress, and requested attorney fees. Because the amount sought by Roney exceeded the magistrate court’s jurisdictional limit, the action was transferred to the State Court of Fulton County. See OCGA § 15-10-2 (a) (5). While the case was pending, Wright filed a notice of Roney’s bankruptcy and the trial court issued an order staying the case. Wright later filed a one-paragraph motion to dismiss stating that: “[Wright] previously filed a notice of [Roney's] bankruptcy case. It is [Wright's] understanding that [Roney] has received a discharge. Therefore, [Wright] moves to dismiss this case in its entirety.” The trial court granted the motion, in an order prepared by Wright, which stated that: [Wright] having previously filed a notice that [Roney] had filed for Chapter 7 bankruptcy, a notice that [Roney] received a discharge in the bankruptcy accompanied by a motion to dismiss. Having read and considered the same, it is hereby ordered that Plaintiff and Defendant’s claims, counterclaims, and defenses are hereby dismissed with prejudice.
