General Motors Corp. v. Jenkins

The question, simply stated, is whether or not the plaintiff’s case was pending in the trial court at the time she attempted to dismiss. Prior opinions of both this court and the Supreme Court have clouded the issue and hence this special concurrence in order to again review the situation.

In my opinion not just any amendment filed to the petition prior to the remittitur being made the judgment of the trial court revives the cause of action so as to make it a pending cause. This is only true where the amendment cures the defect pointed out by the reviewing court. If as a matter of law it does…