Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Louise Howard BURTON and Willis Howard v. W.L. HOWARD, Jr., Indi

ALMON, Justice.

This is a subsequent appeal of the action at issue in Howard v. Burton, 470 So.2d 1176 (Ala. 1985). After this Court reversed the judgment of the trial court and remanded the cause, plaintiffs filed an amendment to their complaint. Defendant filed a motion to strike the amendment and to enter judgment in accordance with this Court's opinion. The trial court granted the motion, noting that "the issue raised in the plaintiffs' amendment was present in the original complaint," and entered final judgment.

It is within the sound discretion of the trial court whether to allow an amendment to a complaint after this Court reverses a judgment and remands the case without further directions. Havard v. Palmer Baker Engineers, Inc., 293 Ala. 301, 306, 302 So.2d 228, 231 (1974). No abuse of that discretion is shown here. The judgment is affirmed.

AFFIRMED.

TORBERT, C.J., and MADDOX, BEATTY and HOUSTON, JJ., concur.

Use AI to get other relevant cases.

Comments

BURTON v. HOWARD
(Oct 3, 1986)