Department of Human Resources v. Phillips

I respectfully disagree with the majority’s conclusion, formulated in Divisions 1 and 2, that the trial court was without power or authority to amend the pretrial order and was required to enter a judgment which conformed to the unmodified pretrial order.311 part company with the majority because I believe that the trial court had the authority to exercise its sound discretion and amend the pretrial order sua sponte or in response to a motion, and that this Court should be hesitant to interfere with the result of the trial court’s exercise of its discretion in that regard. Gilbert v. Meason,…