Opinion

Pyco Supply Co. Inc. v. American Centennial Ins. Co.

85 N.C. App. 114
354 S.E.2d 360
1987 N.C. App. LEXIS 2565

Court: Court of Appeals of North Carolina
Filed: Apr 7, 1987
Status: Published
Author: Hedrick
On the bench: Johnson, Hedrick
Cited by: 4 cases

Reversed on other grounds by Pyco Supply Co. v. American Centennial Insurance, 321 N.C. 435 (1988)

The opinion

Chief Judge HEDRICK

dissenting.

In my opinion, the trial court did not err in allowing plaintiff to amend its complaint to omit the specific reference to Bond No. AB0018710A, and I vote to affirm summary judgment for plaintiff. G.S. 1A-1, Rule 15(c) allows the matter pleaded in the amendment to relate back so as to affirmatively disclose that plaintiffs claim is not barred by any statute of limitations or repose. The record discloses there are no genuine issues of material fact and the record does not disclose any insurmountable bar to plaintiffs claim. I vote to affirm.

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