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SREE v. Champaneria8/24/2005
le 15 movant, the opposing party must demonstrate that it will incur prejudice in the granting of the motion to amend. Gardiner, 731 S.W.2d at 892.
SREE makes no assertion that it was in any way prejudiced to defend against the September 24, 1996, suit by the trial court's decision to grant Champaneria leave to amend his complaint. Without this showing, it cannot be said that the trial court abused its discretion. The Court, therefore, affirms the trial court's decision to refuse to award SREE attorney's fees and costs.
The judgment of the trial court is in all respects affirmed and costs of appeal are assessed to Appellants.
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