Energo International Corp. v. Modern Industrial Heating, Inc.

I cannot agree that appellant’s amended answer was not properly before the trial court where the docket sheet contains an initialed notation by the trial judge granting an extension for the filing of amended pleadings. Neither can I agree that the record on review is to be construed in a light favorable to the trial court’s judgment in a summary-judgment proceeding. Consequently, I would hold that the plaintiff’s right to recover on its amended petition was not precluded as a matter of law by Modern’s summary-judgment evidence. Accordingly, I would reverse the judgment *153and remand this cause.…