Performance Motors, Inc. v. Allen

BRITT, Judge.

Plaintiff assigns as error the failure of the trial court to allow its motion, filed 9 October 1972, to strike defendant’s amended answer which was filed on 14 September 1972. In its motion to strike, plaintiff contends the amended answer is “redundant, irrelevant and immaterial,” that it invades the province of the jury, and was filed without authority of the court after time for answering had expired.

Defendant contends the amended answer was authorized by the Supreme Court opinion (page 398) in the following words: “The parties may be permitted to amend their pleadings, if they…