Dixie Petree sued the Georgia Department of Transportation and a county after water and drainage conditions allegedly damaged her property. The trial court dismissed her claims, treating the motion to dismiss as supported by evidence and concluding that the claims were time-barred or legally insufficient. The Court of Appeals affirmed the dismissal of claims against the Department but reversed as to the county. The court held that the trial court improperly considered matters outside the pleadings without converting the motion to dismiss into a motion for summary judgment and giving Petree notice and an opportunity to respond. The allegations of ordinary negligence, trespass, and nuisance against the county were sufficient to proceed, and the limitations issue could not be resolved on the record then before the court. The case was remanded for further proceedings on those claims. One judge concurred in the judgment only.