CHARLES MEADOWS ET AL. v. ENOCH GOODMAN

CHARLES MEADOWS ET AL. v. ENOCH GOODMAN
No. 1737 EDA 2009 2010 PA Super 55 Atlantic: n/a Filed: 4/8/2010

Appeal from the Order entered May 11, 2009
In the Court of Common Pleas of Philadelphia County
Civil No. May Term 2008, No. 00297

Before: BOWES, GANTMAN and KELLY, JJ.
Opinion by: KELLY, J.

Charles Meadows and Terry Bell, Appellants, appeal from the order entered in the Philadelphia County Court of Common Pleas denying their motion to amend their complaint and dismissing the case. We hold that the trial court erred in denying a “motion to amend complaint” seeking to join a defendant, which had been filed by the plaintiff before the statute of limitations had run, and where neither the named defendant nor the proposed defendant would suffer prejudice. We further hold the court erred in sua sponte dismissing the case where, even if the motion to join a defendant were properly denied, there remained outstanding claims. We reverse and remand.

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