Gerdes v. Marion State Bank

OPINION

PEEPLES, Justice.

In this case we must decide whether a trial court can amend a default judgment record after the defaulted party has perfected a writ of error appeal. We hold that it cannot.

Defendant Maurice Gerdes was served on April 29, 1988. When he failed to answer, plaintiff Marion State Bank obtained a default judgment on June 20, 1988. After the judgment had become final and the court had lost plenary power to modify it, Gerdes brought this writ of error appeal. Gerdes’ brief, filed in this court on October 14, 1988, pointed out that the citation did not carry a file mark. He…