James Holmes Enterprises, Inc. v. John Bankston Construction & Equipment Rental, Inc.

OPINION ON APPELLANT’S MOTION FOR REHEARING

Following our affirmance of the trial courts take nothing judgment, appellant filed this motion for rehearing.

In our prior opinion we asserted two reasons to deny appellant-plaintiff’s appeal. First, we discussed the appellant’s oral trial amendment and second, we discussed appellant’s failure to request any additional findings of fact.

This court, on its own initiative, during oral arguments, raised the question of the effectiveness of appellant’s trial amendment. We held appellant’s oral trial amendment did not meet the pleading requirements of…