Burton v. Howard
| Decision Date | 03 October 1986 |
| Citation | 496 So.2d 764 |
| Parties | Louise Howard BURTON and Willis Howard v. W.L. HOWARD, Jr., Individually and as Executor of the Estate of W.L. Howard. 85-515. |
| Court | Alabama Supreme Court |
Ralph Smith, Jr., Guntersville, for appellants.
T.J. Carnes of Carnes & Carnes, Albertville, for appellee.
This is a subsequent appeal of the action at issue in Howard v. Burton, 470 So.2d 1176 (Ala.1985). After this Court reversed the judgment of the trial court and remanded the cause, plaintiffs filed an amendment to their complaint. Defendant filed a motion to strike the amendment and to enter judgment in accordance with this Court's opinion. The trial court granted the motion, noting that "the issue raised in the plaintiffs' amendment was present in the original complaint," and entered final judgment.
It is within the sound discretion of the trial court whether to allow an amendment to a complaint after this Court reverses a judgment and remands the case without further directions. Havard v. Palmer & Baker Engineers, Inc., 293 Ala. 301, 306, 302 So.2d 228, 231 (1974). No abuse of that discretion is shown here. The judgment is affirmed.
AFFIRMED.
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...court's opinion did not constitute or require a final adjudication of the case." 523 So.2d at 1069. Likewise, we noted that Burton v. Howard, 496 So.2d 764 (Ala.1986), held that "a trial court, after this Court has reversed and remanded without directions but has not entered a judgment cons......
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