ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

Orintas v. Point Lookout Property Owners Association Board of Directors, 2015 Ark. App. 648, 476 S.W.3d 174 (2015).

At hearing on appellee’s motion for summary judgment, circuit court granted appellee’s oral motion to strike appellants’ third amended complaint that was filed three days before the hearing.

Appellants argued that striking the complaint was abuse of discretion. Court of appeals affirmed.

Citing Arkansas Supreme Court precedent, the court of appeals held there was no abuse of discretion given that it was filed more than two years after the original complaint was filed, and it was filed while the summary judgment was pending and while the trial court’s ruling would be dispositive of the claims asserted in the new complaint.