Thus, there was no pretrial order controlling the issues to be litigated. See Applied Ecological Sys. v. Weskem, Inc., 212 Ga. App. 65 ( 441 S.E.2d 279) (1994). That being so, the trial court's refusal to permit the issue of custody to be litigated was error entitling Barnes to a new trial on that issue.

Nor would Nelson have been prejudiced in any way, particularly since the record does not show the entry of a pretrial order.Singleton, 229 Ga. App. at 289 (2). See Applied Ecological Systems v. Weskem, Inc., 212 Ga. App. 65, 66-67 ( 441 S.E.2d 279) (1994). No pretrial order had been entered by the court although counsel had submitted a consolidated one.