Boarder to Boarder Trucking, Inc. v. Mondi, Inc.

I concur in the result only. The majority holds that a trial court cannot permit amendments to pleadings after judgment is rendered but during the time when the trial court retains plenary power. I believe that the authority the majority cites does not support this holding. I would hold that a trial court has discretion to permit post-trial amendments to pleadings which conform to the evidence and the jury’s verdict after judgment is rendered and during the court’s plenary period.

The trial court in the instant case signed a judgment reflecting the jury’s verdict after the trial on the merits.…