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eBook details

• Title: North Carolina v. Westbrook
• Author : Supreme Court of North Carolina
• Release Date : January 10, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Plaintiffs first assignment of error is that the trial court abused its discretion in allowing defendant to amend his answer after the case was calendared for trial. N.C.G.S. 1A-1, Rule 15(a), allows amendments to be made after the action has been placed upon the trial calendar "only by leave of the court or by written consent of the adverse party; and leave shall be freely given when justice so requires." This rule has been liberally construed and the trial judge has been given broad discretion in granting such motions. Gladstein v. South Square Assoc., 39 N.C. App. 171, 249 S.E.2d 827 (1978), disc. rev. denied, 296 N.C. 736 (1979); Hudspeth v. Bunzey, 35 N.C. App. 231, 241 S.E.2d 119, disc. rev. denied, 294 N.C. 736 (1978). The objecting party has the burden of satisfying the trial court that he would be prejudiced by the granting or denial of a motion to amend. Roberts v. Memorial Park, 281 N.C. 48, 187 S.E.2d 721 (1972); Garage v. Holston, 40 N.C. App. 400, 253 S.E.2d 7 (1979). The exercise of the courts discretion is not reviewable absent a clear showing

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