Gardiner v. Word

OPINION

BROCK, Chief Justice.

The key issue in this case is whether the trial court abused its discretion when it refused to allow the defendants, appellants in this court, to amend their answers unless they posted a $20,000.00 bond. The Court of Appeals, Judge Koch dissenting, upheld the action of the trial court in so conditioning the amendment.

This case grew out of a three-year lease of office space in a medical complex by the plaintiff to the defendants, Jerry L. Word and Alberta McLemore, on May 1, 1981. On November 1, 1981, the defendants breached the lease when they failed to pay rent…