McLaughlin v. Charette

Summary

The Connecticut Appellate Court held that the trial court abused its discretion by denying the defendants’ belated motion to amend their pleadings. Because allowing the amendment would not have caused undue delay, prejudice, confusion, or unfair advantage, the pleadings were not closed and summary judgment was improperly rendered. The judgment was set aside and the case was remanded for further proceedings.

Holdings

1. The trial court abused its discretion in denying the amendment because the record did not show that allowing it would cause injustice, undue delay, prejudice, confusion, or unfair advantage, and the alleged delay was not shown to result from misconduct by defense counsel.
2. The summary judgment for the plaintiff was improper because allowing the amendment would have left the pleadings open, and summary judgment may be sought only when the pleadings are closed as between the parties.

Questions Presented

1. Whether the trial court abused its discretion by denying the defendants' belated motion to amend their answers and add a counterclaim.
2. Whether summary judgment was proper when the defendants' proposed amendment, if allowed, would have left the pleadings open.
3. Whether the plaintiff could recover under General Statutes § 20-325b despite the alleged noncompliance of the listing agreement.

Disposition

reversed_and_remanded