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Rupp v. Hurley3/5/1999
t the matter as if the pleading raising the issue was filed at the time that the issue was tried by consent. But cf. Rule 1-015(C) (relation back of amendments). I do not see how the Rule could put a party in a better position than it would have been in if the court had explicitly permitted the party to file a pleading raising the issue at the time that the issue was litigated by consent of the parties. In short, I cannot see how Rule 1-015(B) could ever be used to cure a waiver under Rule 1-012(H)(1). Indeed, the very language of Rule 1-012(H)(1)(b) indicates that Rule 1-015 can cure such a waiver only to the extent that it permits an amendment to the pleadings "as a matter of course," which is the subject of Rule 1-015(A).
HARRIS L HARTZ, Judge
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