Whittle v. Multiple Services, Inc.

Ness, Justice:

This is an appeal from a supplemental order issued ex parte after the term of court ended. Appellants maintain the court was without jurisdiction. We agree and reverse.

Respondent brought suit alleging fraud and deceit and negligence in the sale of appellants’ stock to him. Appellants demurred. The matter was heard in January 1982 and by order dated March 1982 the trial judge sustained the demurrers and denied respondent’s motion to replead.

In June 1982 respondent sought and obtained a supplemental order ex parte permitting him to amend his first cause of action.

In Barnett v.…