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State v. Property at 2018 Rainbow Drive5/28/1999
n interest."
Unquestionably, Alabama's Rules of Civil Procedure have been interpreted to provide for liberal amendment to complaints in certain circumstances "when Justice so requires," or "upon a showing of good cause." Rule 15(a). I think that "Justice" requires that the City of Gadsden be allowed to amend to add the State in this case. See English v. State ex rel. Purvis, 585 So.2d 910 (Ala. 1991), where this Court upheld an amendment to a complaint even after a judgment had been entered. In English, this Court held that an amendment to a complaint is proper when a defendant has "notice of the claims against it and the allowance of the amendment in no way" prejudices the defendant. Id. at 912.
There is no dispute that the property owner had notice of possible action against his property. The amendment to the complaint only added the State as a plaintiff. It did not alter the substantive claims against the property. The property owner was never deprived of adequate notice and was never prejudiced by the amendment. Therefore, I would hold that the trial court, by allowing the City to amend the complaint to add the State as a plaintiff, effectively preserved for the State and the City the ability to prosecute the forfeiture action and carry out the intent of the Legislature to confiscate property that is being used for illegal purposes. See Durham v. State, [Ms. 2971129, February 12, 1999] ___ So. 2d ___ (Ala. Civ. App. 1999); and City of Gadsden v. Jordan, [Ms. 2970342, July 31, 1998] ___ So. 2d ___ (Ala. Civ. App. 1998).
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