Before McMILLIN, P.j., Diaz, And King, JJ.
The opinion of the court was delivered by: King, J., For The Court:
S Dragline Services, Inc. v. Calhoun et al dba C & M Milling, 95-CA-00192, __ So. 2d __
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
TRIAL JUDGE: HON. KEITH STARRETT
COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - CONTRACT
TRIAL COURT DISPOSITION: PLAINTIFF/APPELLEE GRANTED JUDGMENT OF $12,756.70
DISPOSITION AFFIRMED - 7/14/98
MOTION FOR REHEARING FILED:
This appeal arises from a $12,756.70 judgment entered in the Lincoln County Circuit Court in favor of the appellee, C&M Milling ("Milling"). The appellant, S&S Dragline ("Dragline") appeals and assigns the following issues as error:
1. The trial court committed reversible error in denying Appellant's motion to amend the Answer to include affirmative defenses pursuant to §§ 15-3-1 (Rev. 1995) and 75-1-206 of the Miss. Code Ann. (1972 ).
2. The trial court committed reversible error in refusing Appellant's Jury Instructions D-21, D-22, D-23, and D-25 which concerned the affirmative ...