Opinion
NO. 2017 CW 0768
02-05-2018
ASHLEY JENNIFER STEELE v. JANELLE KNIGHTLINGER EASON, WIFE OF AND JOHN KENNETH EASON
In Re: Ashley Jennifer Steele, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2011-13601. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED. The trial court's April 4, 2017 judgment granting in part and denying in part Ashley Jennifer Steele's Motion for Leave to File Supplemental and Amending Petition and Proposed Supplemental and Amending Petition is reversed insofar as it denies her leave to allege fraud claims with more particularity, and the motion is granted. Amendment of pleadings should be liberally allowed provided the movant is acting in good faith, the amendment is not sought as a delaying tactic, the opponent will not be unduly prejudiced, and the trial on the issues will not be unduly delayed. Joseph v. Our Lady of the Lake Regional Medical Center, 2014-0181 (La. App. 1st Cir. 10/16/14), 156 So.3d 210, 215. In this case, the amendment of the pleadings herein by Ashley Jennifer Steele appears to be in good faith and, since the trial has been continued without date, would not unfairly prejudice Defendants, Janelle Knightlinger Eason, wife of and John Kenneth Eason, or unduly delay the trial. See Rainey v. Entergy Gulf States, Inc., 2001-2414 (La. App. 1 Cir. 11/8/02), 840 So.2d 586, 590-91, on reh'g., 2001-2414 (La. App. 1 Cir. 6/25/04), 885 So.2d 1193.
WRC
VGW
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT