Hall v. Wojechowski

WALDEN, Judge.

This is a petition for certiorari to review a trial court order denying plaintiffs’ motion for leave to amend the pleadings. We grant certiorari, quash the order, and remand with instructions to permit the amendment.

The record reveals that counsel inadvertently omitted certain claims for damages from the complaint. These claims had been included in a prior complaint and investigated by the defendants and, hence, there was no surprise or prejudice. The omission was discovered at pretrial conference and the motion to amend then made and denied.

It is our judgment that the denial…