The owners of land bordering a private Georgia lake sued after Charles Davis attempted to restrict their use of the lake, including their boathouse and dock. The neighboring owners sought an injunction and summary judgment on Davis’s trespass counterclaim, and the trial court granted their motion. The Georgia Court of Appeals affirmed in part but vacated the portion of the order striking Davis’s counterclaim. The court held that Davis’s proposed counterclaim arose from the same transaction as the neighbors’ claims and that he had moved to amend before the trial court ruled on summary judgment. Under Georgia procedure, the trial court therefore had to exercise its discretion and decide the motion to amend rather than implicitly deny it by ruling only on the merits. The court left the remaining rulings in place, including the portions not affected by the amendment issue. It affirmed in part, vacated in part, and remanded for the trial court to rule on Davis’s request to add the counterclaim.