Appeal from Wayne, Nathan J. Kaufman, J.
Bronson, P. J., and V. J. Brennan and D. E. Holbrook, Jr., JJ. V. J. Brennan, J., concurred. Bronson, P. J. (dissenting).
1. Pleading -- Amendment of Pleadings -- Denial of Amendment -- Requirements -- Court Rules.
The court rule which provides that "leave to amend a pleading shall be freely given when Justice so requires", requires a finding by a trial court, when it is denying an amendment, that Justice would not be served by granting the amendment, and the trial court must make specific findings as to why it is denying a motion for leave to amend (GCR 1963, 118.1).
2. Pleading -- Amendment of Pleadings -- Denial of Amendment.
A trial court which denies a party's motion to amend its pleadings, where the amendment is offered in an attempt to avoid summary judgment, must make a finding from the evidence contained in the affidavits for summary judgment that the amendment is not justified.
3. Appeal and Error -- Pleading -- Amendment of Pleadings -- Abuse of Discretion.
On appeal, a trial court's grant or denial of a motion to amend the pleadings is considered by applying the standard of whether the action taken by the trial court was an abuse of its discretion; in considering an offered amendment the trial court must not let its view of the merits of the case or the moving party's wisdom in bringing the amendment enter into its judgment.
4. Pleading -- Amendment of Pleadings -- Sufficiency of Complaint.
Denial of a plaintiff's motion to amend its pleadings to include a claim for money damages was error where the complaint was sufficiently broad to encompass such a claim, it alleged the necessary facts to state a cause of action, and the only item missing was a prayer for relief on the damages issue.
Dissent by Bronson, P. J.
5. Pleading -- Amendment of Pleadings -- Injunctive Relief -- Money Damages.
A plaintiff's motion seeking leave to amend its complaint to include a request for money damages was properly denied where the suit was one for injunctive relief which was so treated by all parties and where the plaintiff's motion was made in response to the defendant's motion to dismiss ...