Bellwether Properties v. Tomberg & Tomberg, P.A.
Bellwether Properties v. Tomberg & Tomberg, P.A.
Concurring Opinion
specially concurs.
I write specially rather than producing a full-blown opinion which would not, in my opinion, add to the body of the law. However, it needs to be explained that this case began in 1987, was set for trial in December of 1988, said trial on the docket for March 20, 1989. Through all this time and up until the second to the last day of February, 1989, the deposition of the main character in this proceeding was never taken. Further, it was not until March 6, 1989 that a motion to amend the pleadings was filed based on the belated deposition. Under these facts, I cannot hold that Judge Rodgers abused his discretion by refusing to permit the amendment. It is well settled that the liberality espoused in granting mo
Dissenting Opinion
(dissenting).
I respectfully dissent because in my opinion under the facts of this case the trial court abused its discretion and committed reversible error in denying Bellwether Properties, Inc., motion to amend pleadings to add an affirmative defense.
I would reverse and remand with instructions to allow such amendment.
Opinion of the Court
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.