1) IS IT AbUSE oF dISCRETION WShAN ANY COUET MALES AN ORDR SUST -
AINING A DEMURRER WIHOOT LERNE TO AMENd, HE QUESTION AS TO
WHEtHIR OR NOT SOCh COUET AbUSED ITS AISCRETION IN MAKING SUCH
AN ORDER IS CAU ON APPEHL EVEN thOgh NO REGUEST TO AMEND
soch plardng ioAs ninde,

z) CAV AUY PLEAdMg bE AMENdEd ONCE by thE PHETY oF COUDE; ANd
WIThOUT COSTS, AT HY TIME bEFRE tHE ANSWER OR dEMURER IS
FiIEd; OR AFTER DEMARLER ANd bIFERE thHE TRIAL OF HHE ISSOE OF
LAW HEREON, by FiIMSg HhE SAME AS AMAdEd ANd SCRING A
COpy ON THE AdVRSE PAETY, ANd HHE TIME IN WOLICh HE ADVIRSE
PARTY MUST RESPONd HERETO ShALL bE COMPOTED FROM thE dATE
OF NOTICE OF tHE AMENdMENT ;

MALPRACTICE CLAiM,

4) WONd A AMEUdMENT TO THE COMPLANT, TO ACTOAL FRAOD,
FROM GENERAC
NEgIGENCE bE FROITFOL,
MENT , FOR HHE CAUSE OF ACTION OF HCTUAL FRAUd,

Whether the lower court erred in dismissing the petitioner's claims