Legal Opinion · Concurrence

Continental Oil Co. v. Williams

Supreme Court of Alabama

Decided April 6, 1979No. 77-722Published

1Concurrence

Continental obtained part of the relief sought in its petition for mandamus with the dismissal of its claim in the November 2 order; therefore, mandamus is inappropriate. However, I disagree with the majority's treatment of Rule 60 (a).

Although there is no precise delineation in the cases construing Rule 60 (a) of the ARCP or its federal counterpart as to what constitutes a "clerical mistake or error arising from oversight or omission," generally it can be said that the rule allows the correction of errors of a ministerial nature in order to reflect what was actually intended at the time of…

2Cases cited13 opinions

  1. United States v. Mary StuartCourt of Appeals for the Third Circuit · 1968
  2. Merry Queen Transfer Corp. v. O'RourkeDistrict Court, E.D. New York · 1967
  3. Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
  4. Tombrello Coal Co. v. FortenberrySupreme Court of Alabama · 1947
  5. Miller v. HolderSupreme Court of Alabama · 1974

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