Legal Opinion · Dissent

Lane v. Hart

Texas Court of Appeals, 11th District (Eastland)

Decided May 12, 1983No. 11-83-005-CVPublished

1DissentRaleigh Brown, Justice

I respectfully dissent. I do agree that the law is well settled in this state that clerical errors in the entry of a judgment may be corrected by a nunc pro tunc judg*422ment but judicial errors may not be so corrected. Comet Aluminum Company v. Dibrell, supra; Finlay v. Jones, 435 S.W.2d 136 (Tex.1968). Statement of the rule is simple, application of the rule presents difficulties.

In its application, as stated in Reavley and Orr, Trial Court’s Power to Amend its Judgments, 25 Baylor Law Review 191,196 (1973):

(T)he critical inquiry is not what judgment might or ought to have been rendered, but…

2Cases cited6 opinions

  1. Finlay v. JonesTexas Supreme Court · 1968
  2. Love v. State Bank & Trust Co.Texas Supreme Court · 1936
  3. Mobley v. Rheem Manufacturing CompanyCourt of Appeals of Texas · 1966
  4. Smith v. StateCourt of Appeals of Texas · 1970
  5. Miller v. Texas Life Ins. Co.Court of Appeals of Texas · 1938

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