Burroughs Corp. v. Farmers Dairies

ON MOTION FOR REHEARING

STEPHEN F. PRESLAR, Chief Justice.

By its motion for rehearing, Plaintiff/Ap-pellee continues to urge that the Defendant has not laid the proper foundation to complain of abuse of discretion in the allowance of the trial amendment. It begins its argument by saying: “No objections to the allowance of the Trial Amendment are in the record.” The transcript and Appellee’s own pleadings and the Court’s findings are to the contrary. In the very trial amendment here complained of, Plaintiff/Appellee pled: “ * * with leave of Court first had and obtained, and after the Court’s…