Mauney v. Morris

FRYE, Justice.

The primary question before this Court is whether the trial judge erred in denying plaintiffs motion to amend his complaint to add a cause of action to enforce a materialman’s or laborer’s lien where the motion was filed within the statutory period al lowed for bringing an action to enforce such a lien. For the reasons outlined below, we find that plaintiffs motion should have been granted.

Plaintiff began an action against the individual defendants James and Dorothy Morris and corporate defendant Morris Rentals on 18 July 1983 by filing a summons and a notice of lis pendens to…