Atlas Subsidiaries of Florida, Inc. v. Kornegay

HEFLIN, Chief Justice.

In the proceedings below the plaintiff brought a statutory action in the nature of ejectment. At the conclusion of the plaintiff’s evidence the court granted defendants’ motion to exclude the evidence. Judgment was entered in favor of the defendants. Immediately before and after the motion to exclude was granted, the trial court refused to allow the plaintiff to amend its complaint by adding an additional count. Appeal was perfected to this court. Defendants did not file a brief on appeal.

The plaintiff and defendants occupy the same positions on this appeal as they did…