MADDOX, Justice.¶1AFFIRMED; MOTION TO STRIKE A FRIVOLOUS APPEAL AND FOR DAMAGES DENIED.TORBERT, C: J., and FAULKNER, AL-MON, EMBRY and BEATTY, JJ., concur.BLOODWORTH, J., concurs specially.JONES and SHORES, JJ., dissent.BLOODWORTH, Justice¶2(concurring specially.)¶3I concur in the opinion of Justice Maddox to affirm because in this case plaintiff-ap-pellee amended his demand after appeal de novo. If plaintiff had not amended, I would hold defendant-appellant had a right to dismiss.
