Westbrook v. Nationwide Insurance

Deen, Judge.

This decision turns on the procedural question of whether the trial court, at the time the plaintiff filed the amendment in an attempt to cure the defects in the petition pointed out by this court, had any jurisdiction over the case which it might exercise by allowing a pleading to be filed therein. It obviously had such jurisdiction between September 30 and October 4, after the remittitur was received in the trial court and before the final order dismissing the case. The trial court also has jurisdiction to allow amendments to pleadings while the case is pending in an appellate…