Griffin v. Baucom

MARTIN, Judge.

Plaintiffs assign as error on appeal the entry of summary judgment against them and the denial of their motion to amend their complaint to conform to the evidence. We agree that summary judgment for defendants was improvidently granted, but uphold the order denying plaintiffs’ motion to amend their complaint.

We first address plaintiffs’ contention that summary judgment was improperly allowed. Summary judgment should be rendered upon motion “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is…