concurring specially.
I agree with Chief Judge Banke.
Furthermore, I believe we could avoid a great bulk of the problem here by ordering the trial court to “certify what transpired below,” as we are authorized to do by OCGA § 5-6-48 (d). The trial court could simply certify whether objection to the affidavit was or was not raised below, what its ruling was, and whether as a consequence it did or did not take the affidavit into account. The use of this expedient, readily available to the appellate court, would simplify the issues.
I am authorized to state that Judge Pope joins in this special concurrence.
*181Malcolm S. Murray, William D. Strickland, D. Jeffrey Grate, for appellee.