"The probate court has broad discretionary powers under OCGA ยง 53-7-148, including the authority to remove an executor upon a showing of waste, mismanagement, or that for any reason he is unfit for the trust reposed in him." Gray v. McKenna, 202 Ga. App. 685, 686 ( 415 S.E.2d 295) (1992). "Where the personal interests of the representative of an estate conflict with the interest of the estate, such fact, in the discretion of the probate judge, or in the discretion of the jury on appeal may be sufficient ground for removal of such representative."
Accordingly, taking all these material allegations as true, Norris' complaint states a viable claim and we cannot say that Defendants were clearly entitled to judgment. Gray v. McKenna, 202 Ga. App. 685, 687 ( 415 S.E.2d 295) (1992); Abacus, supra. The trial court erred in granting the Robertsons' motion for judgment on the pleadings.
A line of cases, seemingly beginning with Seaboard Coast Line R. Co. v. Dockery , 135 Ga. App. 540, 543, 218 S.E.2d 263 (1975), hold that "[w]here the party moving for judgment on the pleadings does not introduce affidavits, depositions, or interrogatories in support of his motion, such motion is the equivalent of a motion to dismiss the complaint for failure to state a claim upon which relief can be granted." See also Gray v. McKenna , 202 Ga. App. 685, 415 S.E.2d 295 (1992) ("We also note that where ... the party moving for judgment on the pleadings does not present evidence in support of the motion, the motion is the equivalent of a motion to dismiss the complaint for failure to state a claim upon which relief can be granted.") (emphasis supplied); Southwest Health & Wellness v. Work , 282 Ga. App. 619, 623 (2), 639 S.E.2d 570 (2006) ; Cox v. Turner , 268 Ga. App. 305 (1), 601 S.E.2d 728 (2004) ; State Soil & Water Conservation Comm. , 252 Ga. App. 430, 436-437 (4) (a), 555 S.E.2d 800 (2001) ; Sulejman v. Marinello , 217 Ga. App. 319, 320 (2), 457 S.E.2d 251 (1995) ; Christner v. Eason , 146 Ga. App. 139, 140, 245 S.E.2d 489 (1978).