Mims v. Broxton

John Mims petitions this Court for a writ of certiorari, seeking review of the lower court’s denial of his motion for leave to amend his complaint to add an indispensable party. We grant the petition and quash the order under review.

The facts stem from a foreclosure lawsuit filed by Mims against Audrey Brox-ton. The lower court dismissed the action on the note for failure to join an indispensable party. In the same order, the trial court found that Mims had not established that a mortgage existed, but rather that the litigated document only operated as a promissory note. Although the court…