Toon v. Gerth

OPINION

BAILEY, Judge

Case Summary

Appellant-Plaintiff Donald Lee Toon (“Toon”), appeals the circuit court’s order granting Appellee-Respondent John D. Gerth’s (“Gerth”) Motion for Summary Judgment, which effectively dismissed Toon’s will contest Complaint. We reverse for further proceedings consistent with this opinion.

Issue

Toon raises three issues on appeal,1 of which the following issue, as restated, is dispositive:

Whether the circuit court abused its discretion when it denied Toon’s motion to amend his Complaint (“Motion to Amend Complaint to Add Interested Parties”) to add Jeannine Toon…