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GREENHALGH v. SERVICE LLOYDS INS. CO.

No. C-8892.

787 S.W.2d 938 (1990)

Richard GREENHALGH, Petitioner, v. SERVICE LLOYDS INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Overruled May 23, 1990.

Attorney(s) appearing for the Case

Ray Chester, Austin, for petitioner.

Robert D. Stokes, Austin, Janet Townsley, Ben Taylor, Michael Phillips, Houston, for respondent.

OPINION

MAUZY, Justice.

The issue in this case is whether a trial court abuses its discretion by allowing a post-verdict amendment increasing the amount of damages in Plaintiff's pleadings to conform to the amount awarded by the jury when Defendant presents no evidence of surprise or prejudice. We hold that under Texas Rules of Civil Procedure 63 and 66, a trial court must allow a trial amendment that increases the amount of damages sought in the pleadings...

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