Maule Industries, Inc. v. MacDonald Engineering Co.

In September, 1972, the trial judge dismissed a third party complaint filed by Maulé Industries, the original defendant in a negligence action. Thereafter in June of 1973, without leave of court, it filed an amended third party complaint which was met with a motion to dismiss. The trial court dismissed same and this appeal followed. We affirm.

The ruling of September, 1972 was a final adjudication of the merits of the third party complaint; there was no provision for leave to amend, none was requested, and the amendment filed without permission in June of 1973 was out of order and the trial…