Associated Engineers & Contractors, Inc. v. State

Plaintiffs-Appellees, Cross-Appellants (Contractor) seek a rehearing of this appeal.

It is argued that denial of the State’s motion to amend, if erroneous, was not prejudicial because the trial judge had announced that he regarded the evidence as insufficient to prove the defense that the Contractor had practiced or attempted to practice fraud in the proof of its claim. Our opinion determines that the evidence before the trial judge, if presented in a trial of the issue and viewed in the light most favorable to the State, would have prima facie established the defense. The opinion of the trial…