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Friday, May 22, 2009

Trial Court Abuses Its Discretion By Denying Motion to Amend

The Court of Appeals held that the trial court abused its discretion by not allowing an amendment to a pleading in Daniels v. Wray, No. 2008-M01781-COA-R3-CV (Tenn. Ct. App. May 22, 2008). This opinion offers a good analysis of the law of amendments, especially as it applies to counterclaims.

Here's the link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/092/Robt%20and%20Peggy%20Daniels%20v%20Michael%20D%20Wray%20Opn.pdf

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