Legal Opinion
Prough v. Edinger, Inc.
Supreme Court of Oklahoma
Decided October 12, 1993No. 79368PublishedCited by 26 opinions
1Opinion of the Court
ALMA WILSON, Justice:
The District Court of Cleveland County has certified a question to this Court for Interlocutory Appeal, pursuant to 12 O.S.1991, § 952(b)3. This court previously granted certiorari to answer the interlocutory question of whether the defendant should be allowed to amend its answer to include the affirmative defense of the statute of limitations. 1 We hold that where the petition does not allege dates on which damage occurred, and no prejudice to the opposing party, nor undue delay is shown, a trial court abuses its discretion in refusing to allow a party to amend its…
2Cases cited23 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Allen Williams B/n/f Louise J. Smyre v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Delbrel v. Doenges Bros. Ford, Inc.Supreme Court of Oklahoma · 1996
- Pan v. BaneSupreme Court of Oklahoma · 2006
- Bittle v. Oklahoma City UniversityCourt of Civil Appeals of Oklahoma · 2000
- Roth v. Mercy Health Center, Inc.Supreme Court of Oklahoma · 2011
- Trant v. OklahomaDistrict Court, W.D. Oklahoma · 2012
21 more not listed; retrieve them via the Exa API.