Party Cannot Amend Complaint After Final Judgment Entered
In Ex parte Progressive Specialty Ins. Co., [Ms. 1080366] (Ala. Aug. 21, 2009), the Alabama Supreme Court issued a writ of mandamus directing the trial court strike an amendment purporting to add new claims and new parties made after final judgment was entered. Once the trial court enters a final judgment, the trial court loses jurisdiction to allow amendments to pleadings: "a trial court has no jurisdiction to entertain a motion to amend a complaint to add new claims or new parties after a final judgment has been entered, unless that 'judgment is first set aside or vacates' pursuant to the state's rules of civil procedure." Slip Op. pp. 9-10, quoting Faith Properties, LLC v. First Commercial Bank, 988 So. 2d 485, 490 (Ala. 2008). Here, there was no post-judgment motion, so the trial court was without jurisdiction to accept any amendments to the pleadings after the judgment was entered.
