Summer-Minter & Associates, Inc. v. Giordano

Ingram, Justice.

Certiorari was granted in this case to consider whether a party can amend his pleadings after reversal on appeal of a trial court’s order denying a motion for summary judgment but before the appeal remittitur is entered in the trial court by asserting a new theory of recovery in the amendment.

The background of the case may be stated briefly as follows: The plaintiffs complaint, as thrice amended in the trial court, alleged a conspiracy among the defendants Pope, Stubbs, Summer and Summer-Minter & Associates, Inc., to defraud the plaintiffs of their interest in certain real…