GRANT & HASTINGS, P.A. v. MELISSA H. ARLIN, 77 N.C. App. 813

Summary

In the case at bar, defendant made a motion to amend her answer to allege a counterclaim six months after the original answer was filed. Under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P.15, the court held that the trial judge had broad discretion to permit or deny the amendment, irrespective of whether the counterclaim to be alleged was compulsory or permissive. The court held that, because defendant did not establish any abuse of discretion by the trial judge in denying the motion to amend, it was not necessary to decide whether the counterclaim was compulsory or permissive.