Odaware v. Robertson Aerial-AG, Inc.

I cannot agree with the result of the majority opinion because I think the trial court should have allowed the appellant either to amend to plead the set-off disclosed in his answers to the interrogatories, or to grant him a continuance so that he could amend to allege the set-off.

The majority opinion concedes that ARCP 15(a) allows a party to amend its pleadings at any time unless the court “determines that prejudice would result or the disposition of the cause unduly delayed because of the filing of the amendment.”

It is difficult to believe the appellee would have been prejudiced by the…