Dupree v. CIT Bank

Holding

The court held that the trial court erred in concluding it lacked authority to permit a curative amendment substituting the successor trustee for the trust; under Code of Civil Procedure § 473(a)(1) the court possessed discretion to allow the amendment, and its denial constituted an abuse of discretion. Accordingly, the appellate court affirmed the judgment but clarified that the trial court’s reliance on the “void‑ab‑initio” doctrine was misplaced. ---