WINCHESTER, J.
¶ 1 Plaintiff, Stockbridge Energy, LLC ("Stockbridge"), brought suit against Jim Taylor, John Groninger, Jr., and Taylor Drilling Corp. on April 20, 2003, alleging, among other things, a breach of the parties' partnership and agreement for oil and gas lease development in Osage County. Specifically, Stockbridge alleged the defendants failed to account for the profits and losses of the partnership, failed to transfer property according to the parties' agreement, engaged in "secret transactions," and misappropriated profits due the partnership. Individual defendants, Jim Taylor and John Groninger, Jr., specially appeared and moved to dismiss for failure to state a claim on the grounds that the petition showed no individual liability on their part and that the theory of "piercing the corporate veil" was not viable under the facts as pled. Stockbridge did not respond to the motion of the individual defendants and, on August 17, 2004, an order was filed wherein the trial court granted the unopposed motions to dismiss. There was no discussion regarding any amendment of the petition nor did the trial court's order of dismissal set forth a time to allow any amendments.
¶ 2 More than four years after the order granting the motions to dismiss, Stockbridge filed a motion seeking to amend its petition to add Taylor and Groninger back in as individual defendants. Over the objections of
¶ 3 In the amended petition, Stockbridge repeated many of the previous allegations and added veil-piercing and joint venture theories which sought to hold Taylor and Groninger personally liable. Taylor and Groninger filed summary judgment motions which the trial court granted on June 1, 2012. The court held that the individual claims against Taylor and Groninger failed "due to the prior unopposed and unqualified dismissals" and that the claim of piercing the corporate veil was unsupported. Stockbridge appealed and the Court of Civil Appeals reversed.
¶ 4 The Court of Civil Appeals agreed with the trial court that the initial petition was defective and "failed to show any direct personal dealings between the individuals and Stockbridge and failed to allege sufficient facts to support a veil-piercing theory of liability." Nevertheless, the Court of Civil Appeals found the defects "correctable" and that the trial court's order should have set forth a time frame for amendment of the petition as required by § 2012(G), which provides:
12 O.S.2011, § 2012(G).
¶ 5 Stockbridge, and the Court of Civil Appeals' opinion, rely heavily on the decision of Kelly v. Abbott, 1989 OK 124, 781 P.2d 1188. In Kelly, the defendant filed a motion to dismiss on the ground that the plaintiff lacked the capacity to sue. The trial court granted the motion and dismissed the case but did not specify a time by which the petition must be amended. Eighty days later, the plaintiff filed an amended petition adding back the defendant, which the trial court entertained. The Kelly Court found no error was committed by the trial court in allowing the plaintiff to proceed on the amended petition pursuant to 12 O.S. § 2012(G), but questioned whether the eighty day period within which the plaintiff waited to file the amended petition was too late.
¶ 6 Section 2012(G) does not provide for a specified time in which the trial court must allow the plaintiff to amend the petition. The Kelly Court reasoned then that the trial court must allow for a "reasonable time" within which to allow an amended pleading to be filed. Kelly v. Abbott, 1989 OK 124, ¶ 10, 781 P.2d 1188, 1190. The Court found the trial court's allowance of amendment after eleven weeks and three days to be proper. Kelly v. Abbott, 1989 OK 124, ¶ 11, 781 P.2d 1188, 1190.
¶ 7 As pointed out by the defendants, Taylor and Groninger, the Kelly case is distinguishable from the present case for several reasons, the most significant being the sheer amount of time (more than four years in this case) that has passed between dismissal and amendment. Further, in Kelly, there was no concern over the applicable statutes of limitation or the savings clause, 12 O.S.2011, § 100,
¶ 8 We find that the "reasonable time" contemplated by the Court in Kelly, would not include a time longer than the one-year savings clause period, 12 O.S. § 100, or that of the remaining applicable statute of limitations, whichever is longer. Here, Stockbridge's amendment of the petition more than four years after the initial dismissal exceeds the one-year savings clause as well as the statutes of limitation applicable to the claims in question, the largest of which would have been three years.
CERTIORARI PREVIOUSLY GRANTED; OPINION OF THE COURT OF CIVIL APPEALS REVERSED AND VACATED; JUDGMENT OF THE TRIAL COURT AFFIRMED.
ALL JUSTICES CONCUR.