Alamo Ambulance Service, Inc. v. Moulton

MURRAY, Chief Justice.

I dissent from the opinion of the majority. The majority have held that the trial court abused its discretion in sustaining ap-pellee’s objection to appellant’s proffered trial amendment presented to the court for the first time after the close of the evidence and while the charge of the court was being prepared. The effect of the trial amendment was to raise a new defense to the damages alleged by appellee. The objection made to the filing of the trial amendment by appellee was that he would have to withdraw his announcement of ready in order to have time to prepare his…