Cartwright v. Atlas Chemical Industries, Inc.

OP ALA, Justice:

The single issue raised by this appeal is whether the body of a petition may be amended in the trial court — after issuance of appellate mandate affirming the judgment — to substitute for the name of a mis-described party-defendant the correct corporate designation of the intended but misidentified adversary. We hold that in the rather unusual posture narrowly delimited by the facts of this case the substitution effected by the trial court is tainted with neither procedural nor constitutional infirmity.

This wrongful death action was occasioned by a premature explosion of…