O'DELL v. Dowd

Can a nunc pro tunc order changing a final judgment be entered where there is no supporting data in the court record or file in the case?

No.

Nov. 13, 1978 — Following an automobile accident, defendant-driver was issued two traffic citations.

Feb. 5, 1979 — Defendant pleads guilty to driving too fast for conditions in cause No. 78-TR-5912.

Apr. 21, 1981 — the Feb. 5, 1979, order in No. 78-TR-5912 corrected nunc pro tunc to show charge of driving too fast for conditions dismissed.

Apr. 22, 1981 — Plaintiff precluded from using defendant’s Feb. 5, 1979, conviction at a jury trial.

Apr. 23,1981 — Jury…