Henry Clay Mining Co. v. V & V Mining Co.

STEPHENS, Chief Justice.

The issue to be decided by this appeal is whether a trial court may, on its own initiative, and within the ten days allowed by CR 52.02, amend its judgment’s effective date to rectify a clerical error. We hold that it may.

The facts of this case are not in dispute. On February 19, 1985, the Pike Circuit Court entered a judgment in favor of respondent, V & V Mining Supply, Inc. for the sum of $95,039.40. Eight days later, on February 27, 1985, the trial court entered a new judgment in an attempt to correct the clerical error of failing to properly notify the parties of…